[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18756-18821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04088]



[[Page 18755]]

Vol. 88

Wednesday,

No. 60

March 29, 2023

Part III





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 17





Endangered and Threatened Wildlife and Plants; Designation of Critical 
Habitat for 12 Species, and Not Prudent Determination for 2 Species, on 
Hawai[revaps]i Island; Proposed Rule

  Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2023-0017; FF09E21000 FXES1111090FEDR 234]
RIN 1018-BG65


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for 12 Species, and Not Prudent Determination for 2 
Species, on Hawai[revaps]i Island

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
designate critical habitat for 12 federally endangered species on the 
island of Hawai[revaps]i under the Endangered Species Act of 1973 
(Act), as amended. In total, approximately 122,277 acres (49,484 
hectares) on the island of Hawai[revaps]i, in the State of Hawaii, fall 
within the boundaries of the proposed critical habitat designation. We 
announce a public informational meeting and public hearing on, and the 
availability of a draft economic analysis for, this proposed 
designation. In addition, we announce our determination that 
designation of critical habitat is not prudent for two federally 
endangered species on the island of Hawai[revaps]i under the Act.

DATES: 
    Comment submission: We will accept comments received or postmarked 
on or before May 30, 2023. Comments submitted electronically using the 
Federal eRulemaking Portal (see ADDRESSES, below) must be received by 
11:59 p.m. eastern time on the closing date.
    Public informational meeting and public hearing: On April 20, 2023, 
we will hold a public informational meeting from 6 to 6:45 p.m. 
Hawai[revaps]i time, followed by a public hearing from 6:45 to 8 p.m. 
Hawai[revaps]i time. See Public Informational Meeting and Hearing, 
under SUPPLEMENTARY INFORMATION, below, for more information.

ADDRESSES: 
    Written comments: You may submit comments by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R1-ES-2023-0017, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the panel on the left side of 
the screen, under the Document Type heading, check the Proposed Rule 
box to locate this document. You may submit a comment by clicking on 
``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R1-ES-2023-0017, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).
    Availability of supporting materials: The draft recovery plan, 5-
year status reviews, and other materials relating to this proposed 
critical habitat designation, including coordinates or plot points or 
both from which the maps are generated, are included in the decision 
file and are available at https://www.regulations.gov under Docket No. 
FWS-R1-ES-2023-0017.
    Public informational meeting and public hearing: We are holding the 
public informational meeting and public hearing via the Zoom online 
video platform and via teleconference so that participants can attend 
remotely. See Public Informational Meeting and Hearing, under 
SUPPLEMENTARY INFORMATION, below, for more information.

FOR FURTHER INFORMATION CONTACT: Earl Campbell, Project Leader, U.S. 
Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 
300 Ala Moana Boulevard Room 3-122, Honolulu, HI 96850; telephone 808-
792-9400. Individuals in the United States who are deaf, deafblind, 
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Act, to the maximum extent 
prudent and determinable, we must designate critical habitat for any 
species that we determine to be an endangered or threatened species. 
Making a critical habitat determination can be completed only by 
issuing a rule through the Administrative Procedure Act rulemaking 
process (5 U.S.C. 551 et seq.).
    What this document does. This rule proposes to designate 
approximately 122,277 acres (ac) (49,484 hectares (ha)) as critical 
habitat for 12 federally endangered species (11 plants, 1 insect) on 
the island of Hawai[revaps]i. We are also making a determination that 
designation of critical habitat is not prudent for 2 federally 
endangered species (1 plant, 1 crustacean) on the island of 
Hawai[revaps]i in the State of Hawaii. In this proposed rule, we are 
exempting from critical habitat designation for one of the plant 
species 22,730 ac (9,198 ha) of habitat on Department of Defense (DoD) 
lands that are subject to the P[omacr]hakuloa Training Area (PTA) 
Integrated Natural Resources Management Plan (INRMP), which provides a 
conservation benefit to this species. In addition, in this document, we 
describe exclusions totaling 4,224 ac (1,710 ha) that we are 
considering making at the final rule stage, based on permitted and non-
permitted plans and agreements.
    The basis for our action. Under section 4(a)(3) of the Act, if we 
determine that a species is an endangered or threatened species, the 
Secretary of the Interior (Secretary) must designate critical habitat 
to the maximum extent prudent and determinable. Section 3(5)(A) of the 
Act defines critical habitat as (i) the specific areas within the 
geographical area occupied by the species, at the time it is listed, on 
which are found those physical or biological features essential to the 
conservation of the species and which may require special management 
considerations or protections; and (ii) specific areas outside the 
geographical area occupied by the species at the time it is listed, 
upon a determination by the Secretary that such areas are essential for 
the conservation of the species. Section 4(b)(2) of the Act states that 
the Secretary must make the designation on the basis of the best 
scientific data available and after taking into consideration the 
economic impact, the impact on national security, and any other 
relevant impacts of specifying any particular area as critical habitat.

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other governmental agencies; the Native 
Hawaiian community; Native American Tribes; the scientific community; 
industry; or

[[Page 18757]]

any other interested parties concerning this proposed rule.

Comments on the Determination That Designation of Critical Habitat Is 
Not Prudent for Two Species Addressed in This Proposed Rule

    We particularly seek comments concerning:
    (1) Information regarding our determination that designating 
critical habitat for the Pritchardia lanigera and Vetericaris chaceorum 
is not prudent.

Comments on the Proposed Critical Habitat Designation

    For the 12 species for which we are proposing to designate critical 
habitat, we particularly seek comments concerning:
    (1) Specific information on:
    (a) The amount and distribution of the species' habitat;
    (b) Any additional areas occurring within the range of the species 
that should be included in the designation because they (i) are 
occupied at the time of listing and contain the physical or biological 
features that are essential to the conservation of the species and that 
may require special management considerations, or (ii) are unoccupied 
at the time of listing and are essential for the conservation of the 
species;
    (c) Special management considerations or protection that may be 
needed in the critical habitat areas we are proposing, including 
managing for the potential effects of climate change; and
    (d) To evaluate the potential to include areas not occupied at the 
time of listing, we particularly seek comments regarding whether 
occupied areas are adequate for the conservation of the species. 
Additionally, please provide specific information regarding whether or 
not unoccupied areas would, with reasonable certainty, contribute to 
the conservation of the species and contain at least one physical or 
biological feature essential to the conservation of the species. We 
also seek comments or information regarding whether areas not occupied 
at the time of listing qualify as habitat for the species.
    (2) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (3) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation, and the related benefits of including or excluding 
specific areas.
    (4) Information on the extent to which the description of probable 
economic impacts in the draft economic analysis (DEA) is a reasonable 
estimate of the likely economic impacts and any additional information 
regarding probable economic impacts that we should consider.
    (5) Whether any specific areas we are proposing for critical 
habitat designation should be considered for exclusion under section 
4(b)(2) of the Act, and whether the benefits of potentially excluding 
any specific area outweigh the benefits of including that area under 
section 4(b)(2) of the Act. If you think we should exclude any 
additional areas, please provide information supporting a benefit of 
exclusion. We particularly seek comments on the exclusion from critical 
habitat designation of those areas addressed by a conservation program 
or plan. These may include Federal, Tribal, State, county, local, or 
private lands with permitted conservation plans covering the species in 
the area, such as habitat conservation plans, safe harbor agreements, 
or conservation easements, or nonpermitted conservation agreements and 
partnerships that would be encouraged by designation of or exclusion 
from critical habitat. Detailed information regarding these plans, 
agreements, easements, and partnerships is also requested, including:
    (a) The location and size of lands covered by the plan, agreement, 
easement, or partnership;
    (b) The duration of the plan, agreement, easement, or partnership;
    (c) Who holds or manages the land;
    (d) What management activities are conducted;
    (e) What land uses are allowable; and
    (f) If management activities are beneficial to the species and its 
habitat.
    (6) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for, or 
opposition to, the action under consideration without providing 
supporting information, although noted, do not provide substantial 
information necessary to support a determination. Section 4(b)(2) of 
the Act directs that the Secretary shall designate critical habitat on 
the basis of the best scientific data available.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES. If you submit 
information via https://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
website. If your submission is made via a hardcopy that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov.
    Because we will consider all comments and information we receive 
during the comment period, our final determinations may differ from 
this proposal. Based on the new information we receive (and any 
comments on that new information), our final designations may not 
include all areas proposed, may include some additional areas that meet 
the definition of critical habitat, or may exclude some areas if we 
find the benefits of exclusion outweigh the benefits of inclusion and 
exclusion will not result in the extinction of the species.

Public Informational Meeting and Public Hearing

    We will hold a public informational meeting and public hearing on 
the date and at the times listed in DATES. We are holding the public 
informational meeting and public hearing via the Zoom online video 
platform and via teleconference so that participants can attend 
remotely. To listen and view the meeting and hearing via Zoom, listen 
to the meeting and hearing by telephone, or provide oral public 
comments at the public hearing via Zoom or by telephone, you must 
register. For information on how to register, or if you encounter 
problems joining Zoom the day of the meeting, visit https://empsi.zoom.us/webinar/register/WN_qdw8pld2T06EnIInZ68e-g. Registrants 
will receive the Zoom link and the telephone number for the public 
informational meeting and public hearing. If applicable, interested 
members of the public not familiar with the Zoom platform should view 
the Zoom video tutorials (https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials) prior

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to the public informational meeting and public hearing.
    At the public informational meeting, the Service will provide an 
overview of the proposed rule and describe the procedures for 
submitting comments. The public informational meeting will provide an 
opportunity for dialogue with the Service, but it will not be an 
opportunity to provide verbal comments on the proposed rule; that 
opportunity is only available at the public hearing. At the public 
hearing, the Service will provide interested persons an opportunity to 
present verbal testimony (formal, oral comments) on this proposed rule. 
The purpose of the public hearing is to provide a forum for accepting 
formal verbal testimony that will be recorded and transcribed and 
become part of the record for this proposed rule. In the event there is 
a large attendance at the public hearing, the Service may limit the 
time allotted for verbal testimony. Therefore, anyone wishing to 
provide verbal testimony at the public hearing is also encouraged to 
provide a prepared written copy of their statement to us through the 
Federal eRulemaking Portal or by U.S. mail (see ADDRESSES, above). 
There are no limits on the length of written comments submitted to us. 
Again, anyone wishing to provide verbal testimony at the public hearing 
must register before the hearing (https://empsi.zoom.us/webinar/register/WN_qdw8pld2T06EnIInZ68e-g). The use of virtual public hearings 
is consistent with our regulations at 50 CFR 424.16(c)(3).

Reasonable Accommodation

    The Service is committed to providing access to the public 
informational meeting and public hearing for all participants. Closed 
captioning will be available during the public informational meeting 
and public hearing. Further, a full audio and video recording and 
transcript of the public hearing will be posted online at https://www.fws.gov/office/pacific-islands-fish-and-wildlife/what-we-do/projects-research after the hearing. Participants will also have access 
to live audio during the public informational meeting and public 
hearing via their telephone or computer speakers. Persons with 
disabilities requiring reasonable accommodations to participate in the 
meeting and/or hearing should contact the person listed under FOR 
FURTHER INFORMATION CONTACT at least 5 business days prior to the date 
of the meeting and hearing to help ensure availability. An accessible 
version of the Service's public informational meeting presentation will 
also be posted online at https://www.fws.gov/office/pacific-islands-fish-and-wildlife/what-we-do/projects-research prior to the meeting and 
hearing (see DATES, above). See https://www.fws.gov/office/pacific-islands-fish-and-wildlife/what-we-do/projects-research for more 
information about reasonable accommodation.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review of 
listing actions under the Act, we will seek the expert opinions of at 
least three appropriate and independent specialists regarding this 
proposed rule. The purpose of such review is to ensure that our 
proposed critical habitat designation is based on scientifically sound 
data, assumptions, and analyses. We will invite these peer reviewers to 
comment, during the public comment period, on the specific assumptions 
and conclusions regarding the proposed designations of critical 
habitat. We will consider all comments and information we receive 
during the comment period on this proposed rule during our preparation 
of a final rule. Accordingly, our final decisions may differ from this 
proposal.

Previous Federal Actions

    On October 17, 2012, we published in the Federal Register (77 FR 
63928) a proposed rule to list 15 species, including the 14 species 
that are the subjects of this proposed rule, on the island of 
Hawai[revaps]i as endangered species under the Act. On October 29, 
2013, we published in the Federal Register (78 FR 64638) a final rule 
to list those 15 species as endangered species. See the October 17, 
2012, proposed rule for information on previous Federal actions 
concerning the 14 species that are the subjects of this proposed rule.
    In the October 27, 2012, proposed rule (77 FR 63928), we found that 
critical habitat was prudent but not determinable for the 14 species 
that are the subject of this proposed rule.
    On October 28, 2019, the Center for Biological Diversity (CBD) 
filed a complaint in the U.S. District Court, District of Hawaii (Case 
No. 1:19-cv-00588), challenging the failure of the Service to designate 
critical habitat for the 14 species (consisting of 12 plants (Bidens 
hillebrandiana ssp. hillebrandiana, Cyanea marksii, Cyanea tritomantha, 
Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Pritchardia lanigera, 
Schiedea diffusa ssp. macraei, Schiedea hawaiiensis, and Stenogyne 
cranwelliae) and 2 animals (Drosophila digressa and Vetericaris 
chaceorum)) within 1 additional year from the date of the proposed 
listing. We entered into a settlement agreement approved by the court 
on March 6, 2020, requiring that by February 28, 2023, we submit to the 
Federal Register, for publication, a determination concerning the 
designation of critical habitat for the 14 species and a proposed rule 
for any species for which the designation of critical habitat is 
prudent and determinable; the submission for publication of this 
proposed rule complies with the settlement agreement.

Background

    For species with Hawaiian common names, we prefer to, and will, 
include Hawaiian language spellings, including diacritical marks, to 
the degree possible and appropriate in the preambles of our Federal 
Register documents. For the text to be codified in the Code of Federal 
Regulations (CFR), however, we will omit diacritical marks to ensure 
that no errors are inadvertently incorporated during the codification 
process.
    We provide a brief description for each of the 14 species addressed 
in this proposed rule, below.
    Bidens hillebrandiana ssp. hillebrandiana 
(ko[revaps]oko[revaps]olau), a short-lived perennial herb in the 
sunflower family (Asteraceae), occurs only on the island of 
Hawai[revaps]i (Ganders and Nagata 1999, pp. 275-276). Historically, B. 
hillebrandiana ssp. hillebrandiana was known from two locations along 
the windward Kohala coastline, in the coastal and dry cliff ecosystems, 
often along rocks just above the ocean (Degener and Wiebke 1926, in 
litt.; Flynn 1988, in litt.).
    Cyanea marksii (haha), a short-lived perennial palmlike shrub in 
the bellflower family (Campanulaceae), is found only on the island of 
Hawai[revaps]i. Historically, C. marksii was known from the Kona 
district, in the lowland wet and montane wet ecosystems (Lammers 1999, 
p. 457; Hawai[revaps]i Biodiversity Mapping Program (HBMP) database 
2010b).
    Cyanea tritomantha ([revaps]aku), a short-lived perennial palmlike 
shrub in the bellflower family (Campanulaceae), is known only from the 
island of Hawai[revaps]i (Pratt and Abbott 1997, p. 13; Lammers 2004, 
p. 89). Historically, this species was known from the windward slopes 
of Mauna Kea, Mauna Loa, Kilauea, and the Kohala Mountains, in the 
lowland wet, montane wet, and wet cliff ecosystems (Pratt and Abbott 
1997, p. 13).

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    Cyrtandra nanawaleensis (ha[revaps]iwale), a short-lived perennial 
shrub or small tree in the African violet family (Gesneriaceae), is 
known only from the island of Hawai[revaps]i (Wagner and Herbst 2003, 
p. 29; Wagner et al. 2005a). Historically, C. nanawaleensis was known 
only from the lowland wet ecosystems in the Puna district (St. John 
1987, p. 500; Wagner et al. 1988, in litt.; HBMP 2010d).
    Cyrtandra wagneri (ha[revaps]iwale), a short-lived perennial shrub 
or small tree in the African violet family (Gesneriaceae), occurs only 
on the island of Hawai[revaps]i (Lorence and Perlman 2007, p. 357). 
Historically, C. wagneri was known in the lowland wet ecosystem along 
the northeast side of the island (Lorence and Perlman 2007, p. 359).
    Melicope remyi (no common name), a long-lived perennial shrub or 
shrubby tree in the rue family (Rutaceae), occurs only on the island of 
Hawai[revaps]i (Stone et al. 1999, p. 1210; Service 2010, pp. A-11, 4-
74). Historically, M. remyi was known from a few scattered individuals 
on the windward slopes of the Kohala Mountains and several small 
populations on the windward slopes of Mauna Kea, in the lowland wet and 
montane wet ecosystems (Stone et al. 1999, p. 1210; HBMP 2010f). We 
will refer to Melicope remyi by this name in this proposed rule; this 
plant is currently listed as Platydesma remyi, but we recently 
published a direct final rule (88 FR 7134; February 2, 2023) to correct 
the scientific name to Melicope remyi on the List of Endangered and 
Threatened Plants.
    Phyllostegia floribunda (no common name), a short-lived perennial 
subshrub in the mint family (Lamiaceae), is found only on the island of 
Hawai[revaps]i (Wagner 1999, p. 268; Wagner et al. 1999a, p. 815). 
Historically, P. floribunda was reported in the lowland wet, montane 
mesic, and montane wet ecosystems at scattered sites along the eastern 
side of the island.
    Pittosporum hawaiiense (ho[revaps]awa, ha[revaps]awa), a small, 
long-lived perennial tree in the pittosporum family (Pittosporaceae), 
is known only from the island of Hawai[revaps]i (Wagner et al. 1999b, 
p. 1,044). Historically, P. hawaiiense was known from the leeward side 
of the island, from the Kohala Mountains south to Ka[revaps]u, in the 
lowland mesic, montane mesic, and montane wet ecosystems (Wagner et al. 
1999b, p. 1,044).
    Pritchardia lanigera (loulu), a medium-sized, long-lived perennial 
tree in the palm family (Arecaceae), is found only on the island of 
Hawai[revaps]i (Read and Hodel 1999, p. 1,371; Hodel 2007, pp. 10, 24-
25). Historically, P. lanigera was known from the Kohala Mountains, 
Hamakua district, windward slopes of Mauna Kea, and southern slopes of 
Mauna Loa, in the lowland mesic, lowland wet, montane wet, and wet 
cliff ecosystems (Read and Hodel 1999, p. 1,371; National Park Service 
2015, pp. 467-468)
    Schiedea diffusa ssp. macraei (no common name), a short-lived 
perennial climbing herb in the pink family (Caryophyllaceae), is 
reported only from the island of Hawai[revaps]i (Wagner et al. 2005b; 
Wagner et al. 2005c, p. 106). Historically, S. diffusa ssp. macraei was 
known from the Kohala Mountains, the windward slopes of Mauna Loa, and 
the Olaa Tract of Hawai[revaps]i Volcanoes National Park, in the 
montane wet ecosystem (Perlman et al. 2001, in litt.; Wagner et al. 
2005c, p. 106; HBMP 2010g).
    Schiedea hawaiiensis (ma[revaps]oli[revaps]oli), a short-lived 
perennial herb in the pink family (Caryophyllaceae), is known only from 
the island of Hawai[revaps]i (Wagner et al. 2005c, pp. 92-96). 
Historically, S. hawaiiensis was known from a single site between Mauna 
Loa and Mauna Kea mountains in the montane dry ecosystem (Hillebrand 
1888, p. 33; Wagner et al. 2005c, pp. 92-96).
    Stenogyne cranwelliae (no common name), a short-lived perennial 
vine in the mint family (Lamiaceae), is known only from the island of 
Hawai[revaps]i. Historically, S. cranwelliae was known from the Kohala 
Mountains, in the montane wet and wet cliff ecosystems (Weller and 
Sakai 1999, p. 837).
    Drosophila digressa (Hawaiian picture-wing fly), a member of the 
family Drosophilidae, is found only on the island of Hawai[revaps]i and 
historically known from five locations on the island in elevations 
ranging from approximately 2,000 to 4,500 ft (610 to 1,370 m), in the 
lowland mesic, montane mesic, and montane wet ecosystems (Hardy and 
Kaneshiro 1968, p. 182; Montgomery 1975, p. 95; Magnacca 2012, pers. 
comm.). This species is small, with adults ranging in size from 0.15 to 
0.19 in (4.0 to 5.0 mm) in length. Adults are brownish yellow in color 
and have yellow-colored legs and hyaline (shiny-clear) wings with 
prominent brown spots. Like many endemic Hawaiian Drosophilidae 
species, D. digressa are highly host-plant-specific (Magnacca et al. 
2008, p. 1), relying on the decaying stems of Charpentiera spp., Ceodes 
brunoniana (previously known as Pisonia brunoniana), and Rockia 
sandwicensis (previously known as Pisonia sandwicensis) for 
reproduction and larval substrate (Magnacca et al. 2008, pp. 11, 13; 
Magnacca 2012, pers. comm.).
    Vetericaris chaceorum (anchialine pool shrimp), a small shrimp in 
the family Procarididae, is endemic to anchialine pools. These pools 
are coastal land-locked bodies of water that have underground 
hydrological connections to the ocean, contain varying levels of 
salinity, and show tidal fluctuations in water level. Vetericaris 
chaceorum is one of seven described species of hypogeal (underground) 
shrimp found in the Hawaiian Islands that occur in anchialine pools 
(Brock 2004, p. 6) and is relatively large in size for a hypogeal 
shrimp species; adult V. chaceorum measure approximately 2.0 in (5.0 
cm) in total body length, excluding the primary antennae, which are 
approximately the same length as the adult's body length (Kensley and 
Williams 1986, p. 419). The species lacks large chelapeds (claws) 
(Kensley and Williams 1986, p. 426), which are a key diagnostic 
characteristic of all other known shrimp species. Vetericaris chaceorum 
is largely devoid of pigment and lacks eyes, although eyestalks are 
present (Kensley and Williams 1986, p. 419).
    Additional information about the descriptions of each species' 
occurrence can be found in the proposed (77 FR 63928, October 17, 2012) 
and final (78 FR 64638, October 29, 2013) listing rules for these 
species.
    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features:
    (a) Essential to the conservation of the species, and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Our regulations at 50 CFR 424.02 define the geographical area 
occupied by the species as an area that may generally be delineated 
around species' occurrences, as determined by the Secretary (i.e., 
range). Such areas may include those areas used throughout all or part 
of the species' life cycle, even if not used on a regular basis (e.g., 
migratory corridors, seasonal habitats, and habitats used periodically, 
but not solely by vagrant individuals).

[[Page 18760]]

    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that Federal agencies ensure, in consultation 
with the Service, that any action they authorize, fund, or carry out is 
not likely to result in the destruction or adverse modification of 
critical habitat. The designation of critical habitat does not affect 
land ownership or establish a refuge, wilderness, reserve, preserve, or 
other conservation area. Such designation also does not allow the 
government or public to access private lands. Such designation does not 
require implementation of restoration, recovery, or enhancement 
measures by non-Federal landowners. Where a landowner requests Federal 
agency funding or authorization for an action that may affect a listed 
species or critical habitat, the Federal agency would be required to 
consult with the Service under section 7(a)(2) of the Act. However, 
even if the Service were to conclude that the proposed activity would 
likely result in destruction or adverse modification of the critical 
habitat, the Federal action agency and the landowner are not required 
to abandon the proposed activity, or to restore or recover the species; 
instead, they must implement ``reasonable and prudent alternatives'' to 
avoid destruction or adverse modification of critical habitat.
    Under the first prong of the Act's definition of critical habitat, 
areas within the geographical area occupied by the species at the time 
it was listed are included in a critical habitat designation if they 
contain physical or biological features (1) which are essential to the 
conservation of the species and (2) which may require special 
management considerations or protection. For these areas, critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, those physical or biological 
features that are essential to the conservation of the species (such as 
space, food, cover, and protected habitat).
    Under the second prong of the Act's definition of critical habitat, 
we can designate critical habitat in areas outside the geographical 
area occupied by the species at the time it is listed, upon a 
determination that such areas are essential for the conservation of the 
species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Further, our Policy on 
Information Standards Under the Endangered Species Act (published in 
the Federal Register on July 1, 1994 (59 FR 34271)), the Information 
Quality Act (section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), 
and our associated Information Quality Guidelines provide criteria, 
establish procedures, and provide guidance to ensure that our decisions 
are based on the best scientific data available. They require our 
biologists, to the extent consistent with the Act and with the use of 
the best scientific data available, to use primary and original sources 
of information as the basis for recommendations to designate critical 
habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information from the species status reports and information developed 
during the listing process for the species. Additional information 
sources may include any generalized conservation strategy, criteria, or 
outline that may have been developed for the species; the recovery plan 
for the species; articles in peer-reviewed journals; conservation plans 
developed by States and counties; scientific status surveys and 
studies; biological assessments; other unpublished materials; or 
experts' opinions or personal knowledge.
    Habitat is dynamic, and species may move from one area to another 
over time. We recognize that critical habitat designated at a 
particular point in time may not include all of the habitat areas that 
we may later determine are necessary for the recovery of the species. 
For these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not be needed 
for recovery of the species. Areas that are important to the 
conservation of the species, both inside and outside the critical 
habitat designation, will continue to be subject to: (1) Conservation 
actions implemented under section 7(a)(1) of the Act; (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species; and (3) the prohibitions found in section 9 of the Act. 
Federally funded or permitted projects affecting listed species outside 
their designated critical habitat areas may still result in jeopardy 
findings in some cases. These protections and conservation tools will 
continue to contribute to recovery of the species. Similarly, critical 
habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available at the time of those planning efforts calls for a different 
outcome.

Prudency Determination

    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary shall designate critical habitat at the 
time the species is determined to be an endangered or threatened 
species. Our regulations (50 CFR 424.12(a)(1)) state that the Secretary 
may, but is not required to, determine that a designation would not be 
prudent in the following circumstances:
    (i) The species is threatened by taking or other human activity and 
identification of critical habitat can be expected to increase the 
degree of such threat to the species;
    (ii) The present or threatened destruction, modification, or 
curtailment of a species' habitat or range is not a threat to the 
species, or threats to the species' habitat stem solely from causes 
that cannot be addressed through management actions resulting from 
consultations under section 7(a)(2) of the Act;
    (iii) Areas within the jurisdiction of the United States provide no 
more than negligible conservation value, if any, for a species 
occurring primarily outside the jurisdiction of the United States;
    (iv) No areas meet the definition of critical habitat; or
    (v) The Secretary otherwise determines that designation of critical 
habitat would not be prudent based on the best scientific data 
available.
    We are not aware of any threats to Drosophila digressa, Bidens 
hillebrandiana ssp. hillebrandiana, Cyanea marksii, Cyanea tritomantha,

[[Page 18761]]

Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, Schiedea hawaiiensis, and Stenogyne cranwelliae that would be 
attributed to overutilization for commercial, recreational, scientific, 
or educational purposes. There is no documentation that these species 
are threatened by taking or other human activity, and we conclude there 
is currently no imminent threat of collection or vandalism identified 
for these species. Further, identification and mapping of critical 
habitat for these species is not expected to result in collection or 
vandalism. In our species reports and 2013 listing determination (78 FR 
64638; October 29, 2013), we determined that the present or threatened 
destruction, modification, or curtailment of habitat or range is a 
threat for these 12 species. These 12 species occur wholly in the 
jurisdiction of the United States, and we are able to identify areas 
that meet the definition of critical habitat. Therefore, because none 
of the circumstances enumerated in our regulations at 50 CFR 
424.12(a)(1) have been met and because the Secretary has not identified 
other circumstances for which this designation of critical habitat 
would be not prudent, we have determined that the designation of 
critical habitat is prudent for these 12 species.
    When we listed Pritchardia lanigera and Vetericaris chaceorum as 
endangered (78 FR 64638; October 29, 2013, pp. 63978-63978) we had 
reason to believe that designation of critical habitat was prudent for 
these two species at that time; however, new information has become 
available highlighting a new threat to these two species in the form of 
collection and overutilization, as detailed below, that now make 
identification and mapping of critical habitat likely to increase the 
threat of collection. Designation of critical habitat requires the 
publication of maps and a narrative description of specific critical 
habitat areas in the Federal Register. The degree of detail in those 
maps and boundary descriptions would be greater than the general 
location descriptions provided in the 2013 final rule to list P. 
lanigera and V. chaceorum (78 FR 64638; October 29, 2013). Designation 
of critical habitat would more widely announce the exact locations of 
these two species to collectors. The publication of maps and 
descriptions outlining the locations of the species would likely 
further facilitate unauthorized collection and trade, as collectors 
would know the exact locations where these species occur.
    Pritchardia species have become one of the most widely cultivated 
ornamental palm genera in the world (78 FR 64638; October 29, 2013). 
There are a number of websites that offer Pritchardia plants and seeds 
for sale, including 22 species of Hawaiian Pritchardia. Twelve of these 
species are federally protected, including P. lanigera (Shirey et al. 
2013, p. 307; Weisenberger 2023, pers. comm.). Pritchardia species are 
tall, they can be visible from afar, and they are attractive to 
collectors of rare palms for their personal use or to trade or sell for 
personal gain (Shirey et al. 2013, p. 301-302). Distinguishing 
Pritchardia species from one another can be difficult, thus collection 
activities targeting Prichardia species, in general, has potential to 
also increase collection of P. lanigera (Weisenberger 2023, pers. 
comm.). Based on the collections of Hawaiian Pritchardia plants and 
seeds and the market for these collected specimens, P. lanigera are now 
vulnerable to overharvesting, with collection of P. lanigera posing a 
serious and ongoing threat to the species (Weisenberger 2023, pers. 
comm.). Although at the time of listing known locations of P. lanigera 
were extremely difficult to access (77 FR 63928, October 17, 2012, p. 
63978), recent surveys have identified more accessible populations of 
P. lanigera and conservation management actions have increased 
accessibility in some instances (Weisenberger 2023, pers. comm.). 
Because of the narrow range, life history traits, and small population 
size of this species, any collection poses a threat to the species.
    Coincidentally after listing V. chaceorum as endangered (78 FR 
64638; October 29, 2013, pp. 63978-63978), popularity in the aquarium 
trade of another Hawaiian anchialine shrimp species, Halocaridina 
rubra, increased. This increase in collection activities of 
Halocaridina rubra has resulted in a risk to V. chaceorum, due to these 
two species sharing a similar appearance and habitat preferences. In 
the past several years, Halocaridina rubra, commonly called the 
Hawaiian red shrimp or volcano shrimp, has been increasingly prized by 
aquarists and companies in the pet trade industry worldwide (Yamamoto 
et al. 2015, p. 83). These anchialine shrimp are sought because of 
their ability to live in hermetically sealed containers (Yamamoto et 
al. 2015, p. 83) and as live feed for seahorses (Yamamoto et al. 2015, 
p. 83). While the shrimp that are being harvested are primarily H. 
rubra, which is not endangered, as the popularity of this business 
increases, there is risk that the endangered Vetericaris chaceorum may 
either intentionally or accidentally be harvested and become part of 
the aquarium trade. Collectors may target V. chaceorum due to its 
similar appearance, rarity and aesthetic, or collectors attempting to 
harvest the H. rubra that occur in the same pools as V. chaceorum may 
accidentally harvest both species (Sakihara 2012, entire). Because this 
shrimp is so rare, a single person with a hand-net could do irreparable 
damage to a population of V. chaceorum (Yamamoto 2015, pers. comm.). 
Despite the prohibition on collecting within Natural Area Reserves and 
the permitting process for collection elsewhere, the collection of V. 
chaceorum is considered an ongoing threat because collection can occur 
at any time owing to a lack of available resources for patrolling or 
other monitoring or enforcement at the pools where V. chaceorum occur.
    Designating critical habitat would increase human threats to 
Pritchardia lanigera and Vetericaris chaceorum by increasing the 
vulnerability of these species to unauthorized collection and trade 
through public disclosure of their locations. The publication of maps 
and a specific narrative description outlining the locations of this 
species within critical habitat units in the Federal Register, as well 
as any associated publication of such information in local newspapers 
and on special interest websites, would facilitate unauthorized 
collection and trade by detailing the exact locations where P. lanigera 
and V. chaceorum occur. Publishing specific location information would 
provide a high level of assurance that any person going to a specific 
location would be able to successfully locate and collect specimens. 
Designating critical habitat could negate the current efforts of State 
and local conservation agencies to restrict access to location 
information that could significantly affect future efforts to control 
the threat of unauthorized collection and trade.

Summary of Prudency Determination for Pritchardia lanigera and 
Vetericaris chaceorum

    We have determined that designating critical habitat for 
Pritchardia lanigera and Vetericaris chaceorum is not prudent. 
Designation of critical habitat would increase the threats to these 
species from unauthorized collection and trade. Due to the willingness 
of individuals to collect these species without authorization, we have

[[Page 18762]]

determined that any action that publicly discloses the location of P. 
lanigera and V. chaceorum (such as critical habitat) puts these species 
in further peril. Many populations of these two species are small. One 
of the basic measures to protect P. lanigera and V. chaceorum from 
unauthorized collection and trade is restricting access to information 
about the location of the species' populations. Publishing maps and 
narrative descriptions of critical habitat for these two species would 
significantly affect our ability to reduce the threat of unauthorized 
collection and trade. We have, therefore, determined in accordance with 
50 CFR 424.12(a)(1) that it is not prudent to designate critical 
habitat for P. lanigera and V. chaceorum.

Physical or Biological Features Essential to the Conservation of the 
Species

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12(b), in determining which areas we will designate as 
critical habitat from within the geographical area occupied by the 
species at the time of listing, we consider the physical or biological 
features that are essential to the conservation of the species and 
which may require special management considerations or protection. The 
regulations at 50 CFR 424.02 define ``physical or biological features 
essential to the conservation of the species'' as the features that 
occur in specific areas and that are essential to support the life-
history needs of the species, including, but not limited to, water 
characteristics, soil type, geological features, sites, prey, 
vegetation, symbiotic species, or other features. A feature may be a 
single habitat characteristic or a more complex combination of habitat 
characteristics. Features may include habitat characteristics that 
support ephemeral or dynamic habitat conditions. Features may also be 
expressed in terms relating to principles of conservation biology, such 
as patch size, distribution distances, and connectivity. For example, 
physical features essential to the conservation of the species might 
include gravel of a particular size required for spawning, alkaline 
soil for seed germination, protective cover for migration, or 
susceptibility to flooding or fire that maintains necessary early-
successional habitat characteristics. Biological features might include 
prey species, forage grasses, specific kinds or ages of trees for 
roosting or nesting, symbiotic fungi, or absence of a particular level 
of nonnative species consistent with conservation needs of the listed 
species. The features may also be combinations of habitat 
characteristics and may encompass the relationship between 
characteristics or the necessary amount of a characteristic essential 
to support the life history of the species.
    In considering whether features are essential to the conservation 
of the species, we may consider an appropriate quality, quantity, and 
spatial and temporal arrangement of habitat characteristics in the 
context of the life-history needs, condition, and status of the 
species. These characteristics include, but are not limited to, space 
for individual and population growth and for normal behavior; food, 
water, air, light, minerals, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding, reproduction, or 
rearing (or development) of offspring; and habitats that are protected 
from disturbance.
    In this proposed rule, the physical or biological features are 
based on the features of the six ecosystem types on which the 11 plant 
(Bidens hillebrandiana ssp. hillebrandiana, Cyanea marksii, Cyanea 
tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope 
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea 
diffusa ssp. macraei, Schiedea hawaiiensis, Stenogyne cranwelliae) and 
1 animal (Drosophila digressa) species depend (see table 1, below). 
These six ecosystems are coastal, dry forest, mesic forest, wet forest, 
mesic grassland and shrubland, and wet grassland and shrubland; we 
summarize the descriptions of these ecosystems and our source for the 
descriptions below. The physical or biological features essential to 
the conservation of the species identified in this proposed rule are 
those features required for the successful functioning of the ecosystem 
in which these species occur or have historically occurred (see table 
2, below). Although critical habitat is identified for each species 
individually, we have found that the conservation of each depends, at 
least in part, on the successful functioning of the commonly shared 
ecosystem. Ecosystem parameters include elevation, precipitation, 
substrate, and associated native plant genera. These ecosystem 
parameters describe the species-specific physical or biological 
features of the functioning ecosystems on which these listed species 
depend. For example, the associated native plant genera described as 
physical or biological features for these 12 listed species are 
representative of the native plant genera that occur in the functioning 
ecosystems on which these 12 species depend, and as such, the 
occurrence of these native plant genera indicate functioning native 
ecosystems that provide the fundamental biological requirements for the 
listed species in these areas. Additionally, Drosophila digressa relies 
on native plant genera, specifically Charpentiera, Rockia, and Ceodes, 
as native plant host resources, and without which this species would be 
highly vulnerable to mortality, reproductive failure, and cyclical 
population variation related to fluctuations in breeding resources 
(Magnacca et al. 2008, p. 32).

Coastal (as Described by Kim et al. 2020, p. 2)

    Coastal ecosystems are defined as near-shore areas that are 
impacted by the ocean and generally occur within 328 feet (ft) (100 
meters (m)) of high tide up to 984 ft (300 m) in elevation. Coastal 
ecosystems are found on all the main Hawaiian Islands and include 
coastal dry herblands, coastal dry grasslands, coastal mixed 
communities, coastal dry shrublands, coastal dry forests, and coastal 
wet-mesic forests. Coastal substrate includes well-drained talus, 
calcareous slopes, and dunes. Annual precipitation ranges from less 
than 47 inches (in) (120 centimeters (cm)) in coastal dry to 47 to 98 
in (120 to 250 cm) in coastal mesic, and to more than 98 in (250 cm) in 
coastal wet ecosystem. Bidens hillebrandiana ssp. hillebrandiana is the 
only species addressed in this proposed rule known to occupy the 
coastal ecosystem.

Dry Forest (as Described by Javar-Salas et al. 2020, p. 2)

    Dry forest ecosystems are found on all of the main Hawaiian Islands 
and include lowland dry forest and montane-alpine dry forest. Dry 
forest is found from 0 to 9,500 ft (0 to 2,900 m). Annual precipitation 
ranges from 12 to 79 in (30 to 200 cm). Substrates are generally well-
drained, sandy loams from volcanic ash or cinder and weathered basaltic 
lava in lowland dry forest to well-drained, loams from volcanic ash, 
cinder, and weathered basaltic lava in montane-alpine dry forest. 
Schiedea hawaiiensis is the only species addressed in this proposed 
rule known to occupy the dry forest ecosystem.

Mesic Forest (as Described by Lowe et al. 2020, pp. 2-7)

    Mesic forest ecosystems include lowland mesic forest and montane 
subalpine mesic forest. Elevation ranges from 98 to 5,249 ft (30 to 
1,600 m) in lowland mesic forest to 2,953 to 6,562 ft (900 to 2,000 m) 
in montane subalpine mesic forest. Annual precipitation

[[Page 18763]]

ranges from 39 to 150 in (100 to 380 cm) in montane subalpine to 47 to 
150 in (120 to 380 cm) in lowland mesic forest. Substrates are 
generally well-drained and include rocky, shallow, organic muck soils; 
steep rocky talus soils; shallow soils over weathered rock in steep 
gulches; deep soils over soft weathered rock; and gravelly alluvium. 
The plants Cyrtandra nanawaleensis, Phyllostegia floribunda, and 
Pittosporum hawaiiense addressed in this proposed rule are found in the 
mesic forest ecosystem. The picture-wing fly, Drosophila digressa, 
addressed in this proposed rule is also found in the mesic forest 
ecosystem.

Wet Forest (as Described by Clark et al. 2020, p. 2)

    Wet forest ecosystems include lowland rainforest, montane 
rainforest, and montane cloud forest. Elevation ranges from 328 to 
3,937 ft (100 to 1,200 m) in lowland rainforest; 2,700 to 7,218 ft (823 
to 2,200 m) in montane rainforest; and 2,461 to 6,070 ft (750 to 1,830 
m) in montane cloud forest. Annual precipitation is greater than 98 in 
(250 cm). Substrates range from very weathered soils to rocky substrate 
with classes of undeveloped and developed soil substrates formed from 
basalt lava. The plants Cyanea marksii, Cyanea tritomantha, Cyrtandra 
nanawaleensis, Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum 
hawaiiense, Melicope remyi, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae addressed in this proposed rule are found in the 
wet forest ecosystem. Drosophila digressa is also found in the wet 
forest ecosystem.

Mesic Grassland and Shrubland (as Described by Ball et al. 2020, p. 2)

    Mesic grassland and shrubland ecosystems include lowland mesic 
shrubland, subalpine mesic shrubland, montane-subalpine mesic 
grassland, and lowland mesic grassland. Elevation ranges from 98 to 
7,546 ft (30 to 2,300 m). Annual precipitation ranges from 39 to 98 in 
(100 to 250 cm). Substrates generally include shallow soils that 
frequently dry with rocky outcrops. Cyrtandra nanawaleensis is the only 
species addressed in this proposed rule known to occupy the mesic 
grassland and shrubland ecosystem.

Wet Grassland and Shrubland (as Described by Nelson et al. 2020, p. 3)

    Wet grassland and shrubland ecosystems include native wet sedge and 
grassland and native wet cliff and crest shrubland. Elevation ranges 
from 656 to 2,953 ft (200 to 900 m). Annual precipitation ranges from 
98 to 197 in (250 to 500 cm). Substrates range from older, weathered 
soils to younger, rocky substrates. The plants Cyanea tritomantha and 
Phyllostegia floribunda addressed in this proposed rule are found in 
the wet grassland and shrubland ecosystem.

Summary of Essential Physical or Biological Features

    We derive the specific physical or biological features essential to 
the conservation of the 12 species from studies of the species' 
habitat, ecology, and life history as described below. Additional 
information about the ecosystems containing these physical or 
biological features and descriptions of each species' occurrence within 
these ecosystems can be found in the proposed (77 FR 63928, October 17, 
2012) and final (78 FR 64638, October 29, 2013) listing rules for these 
species. Each species identified in this rule requires the physical or 
biological features for each ecosystem in which that species occurs, as 
noted in table 1. Table 2, below, identifies the physical or biological 
features of a functioning ecosystem for each of the ecosystem types 
identified in this proposed rule. The physical or biological features 
are defined here by elevation, annual levels of precipitation, 
substrate type, and the characteristic native plant genera that are 
found in the canopy, subcanopy, and understory levels of the vegetative 
community where applicable. Due to our limited knowledge of the 
specific life-history requirements for the species that are little-
studied and occur in remote and inaccessible areas, the physical or 
biological features described in this document that provide for the 
successful function of the ecosystem that is essential to the 
conservation of the species represents the best, and, in many cases, 
the only, scientific information available. Accordingly, the physical 
or biological features of a functioning ecosystem are, at least in 
part, the physical or biological features essential to the conservation 
of these 12 species.

            Table 1--Twelve Species and Applicable Ecosystems
[Note: All species, except for Bidens hillebrandiana ssp. hillebrandiana
       and Schiedea hawaiiensis are found in multiple ecosystems.]
------------------------------------------------------------------------
             Ecosystem                             Species
------------------------------------------------------------------------
Coastal...........................  Bidens hillebrandiana ssp.
                                     hillebrandiana.
Dry Forest........................  Schiedea hawaiiensis.
Mesic Forest......................  Cyrtandra nanawaleensis,
                                     Phyllostegia floribunda,
                                     Pittosporum hawaiiense, Drosophila
                                     digressa.
Wet Forest........................  Cyanea marksii, Cyanea tritomantha,
                                     Cyrtandra nanawaleensis, Cyrtandra
                                     wagneri, Drosophila digressa,
                                     Phyllostegia floribunda,
                                     Pittosporum hawaiiense, Melicope
                                     remyi, Schiedea diffusa ssp.
                                     macraei, Stenogyne cranwelliae.
Mesic Grassland and Shrubland.....  Cyrtandra nanawaleensis.
Wet Grassland and Shrubland.......  Cyanea tritomantha, Phyllostegia
                                     floribunda.
------------------------------------------------------------------------


                              Table 2--Physical or Biological Features for Each Ecosystem Upon Which the 12 Species Depend
                                                           [Read in association with table 1]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Contain one or more of these associated native plant
                                                            Annual                                                      genera
            Ecosystem                  Elevation         precipitation         Substrate     -----------------------------------------------------------
                                                                                                    Canopy             Subcanopy          Understory
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coastal.........................  <980 ft (<300 m)..  <47 to >98 in       well-drained        Diospyros,          Chenopodium,        Eragrostis,
                                                       (<120 cm to >250    talus, calcareous   Metrosideros,       Gossypium,          Sesuvium, Sida,
                                                       cm).                slopes, dunes.      Myoporum,           Heliotropium,       Sporobolus.
                                                                                               Pritchardia.        Santalum,
                                                                                                                   Scaevola.

[[Page 18764]]

 
Dry Forest......................  <9,500 ft (<2,900   <79 in (<200 cm)..  well-drained,       Acacia, Colubrina,  Achyranthes,        Dodonaea,
                                   m).                                     sandy loams or      Diospyros,          Euphorbia,          Doryopteris,
                                                                           loams from          Erythrina,          Leptecophylla,      Heteropogon,
                                                                           volcanic ash or     Melicope,           Nototrichium.       Pellaea.
                                                                           cinder; weathered   Metrosideros,
                                                                           basaltic lava.      Myoporum,
                                                                                               Myrsine, Sophora.
Mesic Forest....................  <6,600 ft (<2,000   39-150 in (100-380  rocky, shallow,     Acacia, Antidesma,  Coprosma,           Ctenitis, Doodia,
                                   m).                 cm).                organic muck        Charpentiera,       Freycinetia,        Dryopteris,
                                                                           soils; rocky        Chrysodracon,       Leptecophylla,      Pelea, Sadleria.
                                                                           talus soils;        Metrosideros,       Myoporum,
                                                                           shallow soils       Myrsine,            Pipturus, Rubus,
                                                                           over weathered      Nestegis,           Sadleria, Sophora.
                                                                           rock; deep soils    Pisonia, Santalum.
                                                                           over soft
                                                                           weathered rock;
                                                                           gravelly alluvium.
Wet Forest......................  <7,300 ft (<2,225   >98 in (>250 cm)..  very weathered      Acacia, Antidesma,  Cibotium,           Adenophorus,
                                   m).                                     soils to rocky      Cheirodendron,      Clermontia,         Cibotium,
                                                                           substrate,          Ilex, Melicope,     Coprosma, Cyanea,   Cyrtandra,
                                                                           basaltic lava,      Metrosideros,       Freycinetia,        Dicranopteris,
                                                                           undeveloped         Myrsine,            Hydrangea,          Huperzia,
                                                                           soils, developed    Pittosporum,        Vaccinium.          Peperomia,
                                                                           soils.              Psychotria.                             Stenogyne.
Mesic Grassland and Shrubland...  100-7,500 ft (30-   39-98 in (100-250   shallow soils that  Coprosma,           Dodonaea,           Bidens, Carex,
                                   2,300 m).           cm).                frequently dry      Metrosideros,       Dubautia,           Deschampsia,
                                                                           with rocky          Wilkesia.           Leptecophylla,      Dicranopteris,
                                                                           outcrops.                               Osteomeles,         Dryopteris,
                                                                                                                   Sadleria,           Eragrostis,
                                                                                                                   Vaccinium.          Euphorbia,
                                                                                                                                       Lipochaeta.
Wet Grassland and Shrubland.....  660-2,950 ft (200-  98-197 in (250-500  older, weathered    Ilex, Kadua,        Cibotium,           Carex, Cladium,
                                   900 m).             cm).                soils to younger,   Melicope,           Clermontia,         Deschampsia,
                                                                           rocky substrates.   Metrosideros,       Dubautia,           Dicranopteris,
                                                                                               Myrsine.            Freycinetia,        Eragrostis,
                                                                                                                   Hydrangea,          Peperomia,
                                                                                                                   Lobelia,            Phyllostegia,
                                                                                                                   Pipturus,           Scaevola.
                                                                                                                   Touchardia,
                                                                                                                   Urera, Vaccinium.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The physical or biological features identified in this proposed 
rule take into consideration the ecosystem types in which each species 
occurs, as described above, and also reflect a distribution that we 
believe is essential to achieving the species' recovery needs within 
those ecosystems. We considered the current population status of each 
species, to the extent it is known, and assessed its status relative to 
the recovery objectives for that species, in terms of population goals 
(numbers of populations and individuals in each population, which 
contributes to population resiliency) and distribution (whether the 
species occurs in habitats representative of its historic geographical 
and ecological distribution, and are sufficiently redundant to 
withstand the loss of some populations over time). This assessment 
informed us as to whether the species requires space for population 
growth and expansion in areas occupied at the time of listing, or 
whether additional areas unoccupied at the time of listing may be 
required for the reestablishment of populations to achieve 
conservation.
    Some of the species addressed in this proposed rule occur in more 
than one ecosystem. The physical or biological features for these 
species are described separately for each ecosystem in which they 
occur. The reasoning behind this approach is that each species requires 
a different suite of environmental conditions depending upon the 
ecosystem in which it occurs. For example, Cyrtandra nanawaleensis will 
occur in association with different native plant species, depending on 
the mesic forest, wet forest, or mesic grassland and shrubland 
ecosystem type where it is found. Each of the physical or biological 
features described in each ecosystem in which the species occurs are 
essential to the conservation of the species, which includes the 
ability to support the geographical and ecological distribution across 
the different ecosystem types where the species occurs. Each physical 
or biological feature is also essential to retaining the genetic 
representation that allows this species to successfully adapt to 
different environmental conditions in various native ecosystems. 
Although some of these species occur in multiple native ecosystems, 
their declining abundance in the face of ongoing threats, such as 
increasing numbers of nonnative plant competitors, indicates that they 
are not such broad habitat generalists as to be able to persist in 
highly altered habitats. Based on an analysis of the best available 
scientific information, functioning native ecosystems provide the 
fundamental biological requirements for the narrow-range, island-
endemic species that are addressed in this proposed rule.
    Some examples may help to clarify our approach to describing the 
physical or biological features for each species. To understand the 
physical or biological features for the plant Bidens hillebrandiana 
ssp. hillebrandiana, for example, we first look at table 1 and see that 
B. hillebrandiana ssp. hillebrandiana depends on the coastal ecosystem. 
Table 2 indicates that the physical or biological features in the 
coastal ecosystem include elevations of less than 980 ft (300 m); 
annual precipitation ranges from less than 47 in (120 cm) to more than 
98 in (250 cm); well-drained talus, calcareous slopes, and dunes; and 
contain one or more genera of the subcanopy and understory plants 
Chenopodium, Eragrostis, Gossypium, Heliotropium, Santalum, Scaevola, 
Sesuvium, Sida, and Sporobolus, and one or more of the genera of the 
canopy species Diospyros, Metrosideros, Myoporum, and Pritchardia. The 
specific physical or biological features for B. hillebrandiana ssp. 
hillebrandiana are intrinsically tied to the coastal ecosystem. The 
physical

[[Page 18765]]

or biological features of the coastal ecosystem best approximate the 
physical or biological features for B. hillebrandiana ssp. 
hillebrandiana. Thus, we use the physical and biological features 
provided in the ecosystem in which B. hillebrandiana ssp. 
hillebrandiana is found as the physical and biological features for B. 
hillebrandiana ssp. hillebrandiana.
    As another example, table 1 indicates the physical or biological 
features for the plant Phyllostegia floribunda include the ecosystem-
level physical or biological features for the mesic forest, wet forest, 
and wet grassland and shrubland ecosystems. The physical or biological 
features for P. floribunda are thus composed of the physical or 
biological features for each of the three ecosystems it occupies, as 
described in table 2 for the mesic forest, wet forest, and wet 
shrubland and grassland ecosystems. Table 1 is read in a similar 
fashion in conjunction with table 2 to describe the physical or 
biological features for each of the 12 species for which we are 
proposing critical habitat.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the specific 
areas within the geographical area occupied by the species at the time 
of listing contain features which are essential to the conservation of 
the species and which may require special management considerations or 
protection. The following discussion of special management needs is 
applicable to each of the 12 species on the island of Hawai[revaps]i 
for which we are designating critical habitat.
    For the 11 plant species and Drosophila digressa, we have 
determined that the features essential to their conservation are those 
required for the successful functioning of the ecosystem in which they 
occur (see tables 1 and 2, above); conversely, threats that act at the 
ecosystem level also act at the species level. Special management 
considerations or protections may be required throughout the critical 
habitat areas proposed for designation here to avoid further 
degradation or destruction of the physical or biological features 
essential to the 12 species' conservation. Habitat degradation, 
including trampling and herbivory by introduced ungulates, fire, 
drought, and habitat modification by invasive plants, are the greatest 
threats to these 12 species, and these threats act at the ecosystem 
level. Threats specific to Drosophila digressa habitat include loss or 
lack of host plants from ungulates, drought, fire, alteration of 
microclimate by invasive plants or the plant disease referred to as 
rapid [revaps][omacr]hi[revaps]a death (ROD), (78 FR 64638, October 29, 
2013; Service 2021f, pp. 21-23). Some of these threats may be addressed 
by special management considerations or protection, while others (e.g., 
sea level rise, hurricanes, drought, volcanic eruption) are beyond the 
control of landowners and managers. For a more detailed description of 
threats, please see the proposed listing rule (77 FR 63928, October 17, 
2012, pp. 63941-63974), the final listing rule (78 FR 64638, October 
29, 2013, pp. 64653-64686), and the draft recovery plan (Service 2022a, 
entire).
    While the 12 species share many threats, impacts to individual 
species and the actions needed to eliminate or manage the threats may 
differ. Special management considerations or protections may thus be 
needed within critical habitat areas to address the threats for each of 
the 12 species. Management activities that could minimize or ameliorate 
these threats include, but are not limited to, ungulate removal and 
exclusion fencing; control or eradication of significant habitat-
modifying, invasive plants; fire management planning and wildfire 
response; and measures to reduce of the spread of rapid 
[revaps][omacr]hi[revaps]a death (ROD) and other plant pathogens. 
Management activities that could minimize or ameliorate threats 
specific to Drosophila digressa include control measures to reduce and 
eradicate invasive invertebrates, such as wasps and ants. These 
management actions would result in the protection of areas providing 
habitat for the 12 species.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(2) of the Act, we use the best 
scientific data available to designate critical habitat. In accordance 
with the Act and our implementing regulations at 50 CFR 424.12(b), we 
review available information pertaining to the habitat requirements of 
the species and identify specific areas within the geographical area 
occupied by the species at the time of listing and any specific areas 
outside the geographical area occupied by the species to be considered 
for designation as critical habitat. For each of the 12 species for 
which we are proposing critical habitat, except Schiedea hawaiiensis, 
we are proposing to designate critical habitat in areas within the 
geographical area occupied by the species at the time of listing. For 
Bidens hillebrandiana ssp. hillebrandiana, Cyanea marksii, and 
Cyrtandra nanawaleensis, we are not proposing to designate any areas 
outside the geographical area occupied by the species because we have 
not identified any unoccupied areas that meet the definition of 
critical habitat for these species; no unoccupied areas had at least 
one physical or biological features essential to the conservation of 
the species and a reasonable certainty of contributing to conservation.
    We are proposing to designate specific areas outside the 
geographical area occupied by the species at the time of its listing 
for nine species. For eight of these species, we are also proposing to 
designate critical habitat based on occupancy at the time of listing 
(Drosophila digressa, Cyanea tritomantha, Cyrtandra wagneri, Melicope 
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea 
diffusa ssp. macraei, Stenogyne cranwelliae). We are not proposing any 
occupied areas a critical habitat for the ninth species, Schiedea 
hawaiiensis. For Schiedea hawaiiensis, we are proposing to designate 
only unoccupied critical habitat because the single area known to be 
occupied by the species at the time of listing is exempted from 
designation (see Exemptions, below, for more information) and the 
amount of occupied areas were determined to be inadequate to ensure 
conservation of the species. All other proposed unoccupied critical 
habitat areas overlap entirely with a geographical area for which we 
are proposing occupied critical habitat for at least 1 of the other 12 
species. The proposed unoccupied critical habitat for Schiedea 
hawaiiensis, however, has no overlap in geographic occurrence with the 
other species addressed in this proposed rule.
    We propose to designate areas outside the geographical area 
occupied by these species (Drosophila digressa, Cyanea tritomantha, 
Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and 
Schiedea hawaiiensis) due to small population sizes, few individuals, 
or reduced geographic range, which make these species vulnerable to 
stochastic events. Many of these species are so rare in the wild that 
they are at a high risk of extirpation or even extinction from various 
events, such as hurricanes or landslides. Therefore, supporting 
resilience and redundancy in these species through the establishment of 
multiple, robust populations is a key component of conservation of the 
species (Service 2022a, pp. 29-30, 35, 39, 48-49). A designation 
limited to occupied areas would be inadequate to ensure the 
conservation of these species. Areas that

[[Page 18766]]

may have been unoccupied at the time of listing, together with areas 
occupied at the time of listing, are reasonably certain to provide some 
or all of the habitat necessary for the expansion of existing wild 
populations and reestablishment of wild populations within the 
historical range of the species to achieve a level that could approach 
recovery. The best available scientific information suggests that the 
ecosystems in the unoccupied areas in which we are proposing critical 
habitat provide one or more of the physical or biological features that 
support life-history requirements of these nine species, and thus these 
unoccupied areas are considered habitat for the conservation of these 
nine species. These areas support recovery in the case of stochastic 
events that otherwise have potential to eliminate a species from the 
one, or more, of the locations where it is currently found. We find, 
therefore, that designation of these unoccupied areas as critical 
habitat is essential for the conservation of the species. Designating 
unoccupied areas as critical habitat for these species also promotes 
conservation actions to restore their historical, geographical, and 
ecological representation, necessary for their recovery.
    In this proposed rule, we propose critical habitat for 12 species 
in 20 distinct areas that include 40 critical habitat units, with 
animal and plant units identified separately. Each proposed critical 
habitat unit contains all or some of the physical or biological 
features essential to the conservation of those individual species that 
occupy that particular unit, or areas essential for the conservation of 
those species identified that do not presently occupy that particular 
unit. The proposed critical habitat for all species includes the 
functioning ecosystems on which they depend; thus, for those species 
with life-history requirements that can be supported in multiple 
ecosystem types, we have identified areas of critical habitat in 
multiple ecosystem types. For example, the plant Cyrtandra 
nanawaleensis is found in multiple critical habitat units across three 
ecosystem types: mesic forest, mesic grassland and shrubland, and wet 
forest.
    Because we have determined that the features essential to the 
conservation of the 12 species are those required for the successful 
functioning of the ecosystems in which they respectively occur, we 
grouped species by the commonly shared ecosystem type to delineate 
critical habitat units. We used similar methods to identify critical 
habitat unit boundaries for nine plant species: Cyanea marksii, Cyanea 
tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope 
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea 
diffusa ssp. macraei, and Stenogyne cranwelliae. These nine species 
were considered together because spatial data used for delineating 
critical habitat are similar among these species, and these species all 
occur within mesic to wet ecosystems, whereas the remaining two plant 
species do not (see table 1, above). We considered each species 
separately within their shared dependence on the functioning ecosystems 
they have in common. We used separate methods to identify critical 
habitat unit boundaries for each of the remaining three species: Bidens 
hillebrandiana ssp. hillebrandiana, Schiedea hawaiiensis, and 
Drosophila digressa. Bidens hillebrandiana ssp. hillebrandiana and 
Schiedea hawaiiensis each occur in an ecosystem type not shared with 
any of the other 12 species, and Drosophila digressa was considered 
separately because of differences in taxonomy and life history from the 
plants. Critical habitat boundaries for all species were delineated to 
clearly depict and promote conservation of these species by identifying 
the functioning ecosystem on which they depend. Ecosystem types that 
support the species addressed here but that do not form a contiguous 
area are divided geographically into separate units. In units 
consisting of multiple ecosystem types, if a species' physical or 
biological features are provided by one of the ecosystem types, we 
propose to designate the entire area as critical habitat for that 
species. We took this approach because within these units, ecosystem 
types are patchily distributed at a relatively fine resolution, 
intermingled, and can be dynamic on a relatively short timescale in 
their distribution within the critical habitat area.
    To delineate the proposed critical habitat units, we relied on an 
overall conservation strategy in which each of the 12 species was 
considered separately using a common approach for 9 plant species, and 
a separate approach for the remaining 2 plant species and Drosophila 
digressa. The goal of the conservation strategy was to identify the 
specific areas for each species that provide essential physical or 
biological features without which range-wide resiliency, redundancy, 
and representation could not be achieved. The conservation strategy 
considered (1) historical and current distribution of each of the 12 
species; (2) assessments of resiliency, redundancy, and representation 
for each species from the most recent species reports (Service 2021a-
n); and (3) recovery planning efforts (Service 2022a, entire). Some of 
the proposed critical habitat for these 12 species overlies critical 
habitat already designated for other species on the island of 
Hawai[revaps]i.
    In summary, we completed the following basic steps to delineate 
critical habitat (specific methods follow below):
    (1) We compiled the best scientific data available on observations 
and distributions of the 12 species that were extant at the time of 
listing;
    (2) We compiled all available location and landcover data, 
including ecosystem type, within the range of the 12 species;
    (3) We identified areas containing the physical or biological 
features that may require special management consideration or 
protection;
    (4) We circumscribed boundaries of potential critical habitat units 
based on the above information; and
    (5) We removed, to the extent practicable, all areas that did not 
have the specific physical or biological feature components, and 
therefore are not considered essential to the conservation of one or 
more of these 12 species.
    Based on these five steps, for areas within and outside the 
geographic area occupied by the species at the time of listing, we 
delineated critical habitat unit boundaries using the following 
methods:
    (1) Species observation and distribution data sources: We obtained 
observational and distributional data to include in our Geographic 
Information System database for each of the 12 species including the 
known locations of the species from the Hawai[revaps]i Biodiversity 
Mapping Program (HBMP) database (HBMP 2010a, entire; HBMP 2010b, 
entire; HBMP 2010c, entire; HBMP 2010d, entire; HBMP 2010e, entire; 
HBMP 2010f, entire; HBMP 2010g, entire; HBMP 2010h, entire), the Plant 
Extinction Prevention Program database (PEPP 2021, unpublished), and 
our own rare plant database. We also obtained and compiled species 
information from the plant database housed at National Tropical 
Botanical Garden (https://ntbg.org/database/herbarium/). We used 
Hawai[revaps]i Biodiversity Mapping Program's Geographic reference 
areas for the Hawaiian Islands in conjunction with known species' 
location data (Kam 2017, p. 1; Hawai[revaps]i Rare Plant Restoration 
Group 2020, p. 2). For plants, we obtained and compiled species range 
maps, as determined by plant species ranges in the Hawaiian

[[Page 18767]]

Islands (Price et al. 2012, entire), and our own plant species range 
layer adapted from Price et al. 2012 (Service 2022b-l, entire). For 
Drosophila digressa, we created our own potential species range layer 
using the U.S. Geological Survey's (USGS's) Carbon Assessment Landcover 
data of 2017 for mesic and wet forest habitats (Selmants et al. 2017, 
entire; Service 2021f) and the known elevational range of the species, 
which is between 2,000 to 4,500 ft (600 to 1,400 m). Lastly, we 
obtained recent biological surveys and reports and discussed that 
information with qualified individuals familiar with these 12 species 
and their ecosystems.
    We used current and historical species distribution information to 
develop initial critical habitat boundaries in each of the six 
ecosystems that would provide for the conservation of the 12 species. 
The initial boundaries were superimposed over digital topographic maps 
of the island of Hawai[revaps]i and further evaluated. In general, land 
areas that were identified as highly degraded were removed from the 
proposed critical habitat units, and natural or constructed features 
(e.g., ridge lines, valleys, streams, coastlines, roads, lava flows, 
obvious land features, etc.) were used to delineate the proposed 
critical habitat boundaries.
    (2) Identified areas containing physical or biological features: We 
obtained and compiled island-wide elevation, annual precipitation, soil 
substrate, and associated native plant genera data sources (Gagne and 
Cuddihy 1999, pp. 45-114; LANDFIRE 2016, pp. 1177-1242; Ball et al. 
2020, p. 2; Clark et al. 2020, p. 2; Javar-Salas et al. 2020, p. 2; Kim 
et al. 2020, p. 2; Lowe et al. 2020, pp. 2-7; Nelson et al. 2020, p. 
3). We evaluated areas currently occupied by each species and whether 
they contain the physical or biological features essential to the 
conservation of the species and which may require special management 
considerations or protection. We considered the degree to which the 
physical or biological features were present or absent in areas as an 
indication of the successful functioning of the habitat.
    (3) Landcover and ecosystem data sources: We obtained and compiled 
landcover and ecosystem data from the island-wide Geographic 
Information System coverage including USGS Carbon Assessment Landcover 
data of 2017 (Selmants et al. 2017, entire) and ArcGIS Esri World 
Imagery of 2022 (Esri 2023, entire); 1:24,000 scale digital raster 
graphics of USGS topographic quadrangles; and geospatial data sets 
associated with parcel data from Hawai[revaps]i County (Hawaii 
Statewide GIS Program 2013, entire). We evaluated areas currently 
occupied by each species. When a species occurs in more than one 
ecosystem type, we include the full range of ecosystem types within 
that species' range. For example, Phyllostegia floribunda is known from 
three of the six ecosystem types addressed in this proposed rule: mesic 
forest, wet forest, and wet grassland and shrubland ecosystem types.
    (4) Circumscribed boundaries of potential critical habitat units: 
We considered several factors in the selection of specific boundaries 
for critical habitat for the 12 species. We determined critical habitat 
unit boundaries taking into consideration the information on known past 
and present locations of the species, landcover and ecosystem data 
sources by USGS Carbon Assessment Landcover Data (Selmants et al. 2017, 
entire), recovery areas described by the species' draft recovery plan, 
projections of geographic ranges of Hawaiian plant species and 
Drosophila digressa (Price et al. 2012, entire; Service 2021f, entire; 
Service 2022b-l, entire), and adequate habitat to allow for increases 
in numbers of individuals and for expansion of populations to provide 
for the minimum numbers required to reach delisting goals (as described 
in the draft recovery plan (Service 2022a, entire)). Critical habitat 
boundaries for all species were delineated to promote the conservation 
of these species by identifying the functioning ecosystems on which 
they depend.
    (5) Removed areas lacking the identified physical or biological 
features: When determining proposed critical habitat boundaries, we 
made every effort to avoid including developed areas such as lands 
covered by buildings, pavement, and other structures because such lands 
lack the physical or biological features necessary for these 12 
species. The scale of the maps we prepared under the parameters for 
publication within the Code of Federal Regulations (CFR) may not 
reflect the exclusion of such developed lands. Any such lands 
inadvertently left inside critical habitat boundaries shown on the maps 
of this proposed rule have been excluded by text in the proposed rule 
and are not proposed for designation as critical habitat. Therefore, if 
the critical habitat designations are finalized as proposed, a Federal 
action involving these lands would not trigger section 7 consultation 
with respect to critical habitat and the requirement of no adverse 
modification unless the specific action would affect the identified 
physical or biological features in the critical habitat units.
    We propose to designate as critical habitat lands that we have 
determined are occupied at the time of listing and that contain one or 
more of the physical or biological features that are essential to 
support life-history processes of the species. We have determined that 
occupied areas are inadequate to ensure the conservation of the 
species. Therefore, we have also identified, and propose for 
designation as critical habitat, unoccupied areas that are essential 
for the conservation of nine of the species (see Proposed Critical 
Habitat Designation, below).
    Units are proposed for designation based on one or more of the 
physical or biological features being present to support the life-
history processes for 1 or more of the 12 species for which we propose 
critical habitat. Some units contain all of the identified physical or 
biological features and support multiple life-history processes. Some 
units contain only some elements of the physical or biological features 
necessary to support the species' particular use of that habitat.
    The proposed critical habitat designation is defined by the map or 
maps, as modified by any accompanying regulatory text, presented at the 
end of this document under Proposed Regulation Promulgation. We include 
more detailed information on the boundaries of the critical habitat 
designation in the preamble of this document. We will make the 
coordinates or plot points or both on which each map is based available 
to the public on https://www.regulations.gov at Docket No. FWS-R1-ES-
2023-0017.

Proposed Critical Habitat Designation

    We are proposing approximately 122,277 ac (49,484 ha) as critical 
habitat in 20 distinct areas that include 40 critical habitat units, 
with 9 animal and 31 plant units identified separately, for Drosophila 
digressa, Bidens hillebrandiana ssp. hillebrandiana, Cyanea marksii, 
Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, 
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Schiedea hawaiiensis, and Stenogyne 
cranwelliae. The critical habitat areas we describe below constitute 
our current best assessment of areas that meet the definition of 
critical habitat for each species. Table 3 shows the proposed critical 
habitat units and the approximate area of each unit by landowner type.
    Within the 20 distinct areas, areas of proposed critical habitat 
for Drosophila digressa are described as 9 sequential

[[Page 18768]]

numbered units, whereas areas of proposed critical habitat for plants 
are described as 19 sequential numbered sections that are then split 
into 1 or more units, based on whether they overlap with existing 
designated critical habitat for other plant species on the island of 
Hawai[revaps]i. Some of the proposed critical habitat for Drosophila 
digressa overlays critical habitat already proposed or designated for 
plant species; however, critical habitat designations for wildlife 
species at 50 CFR 17.95 are organized differently than critical habitat 
designations for plant species on the island of Hawai[revaps]i at 50 
CFR 17.99. Therefore, the proposed critical habitat for Drosophila 
digressa stands alone and is not incorporated into, or presented to 
address, any existing critical habitat units for other species. Areas 
of a section that overlay existing Hawaiian plant critical habitat 
units are assigned to that existing critical habitat unit name. Areas 
of a section that do not overlay existing Hawaiian plant critical 
habitat are assigned a sequential new critical habitat unit number. 
This distinction between existing and newly proposed critical habitat 
areas is necessary in order to be consistent with the critical habitat 
unit numbering system we established earlier for plants on the island 
of Hawai[revaps]i (see 50 CFR 17.99(k)). We provide the critical 
habitat section numbers, where applicable, as well as unit numbers and 
the corresponding map numbers that would appear at 50 CFR 17.99 if we 
adopt this rule as proposed for ease of reference in the CFR. All units 
in the proposed designation, with the exception of Unit 55 within 
Schiedea hawaiiensis--Section 19, are considered occupied at the time 
of listing (see 78 FR 64638; October 29, 2013) by 1 or more of the 12 
species for which we are proposing critical habitat (table 4). Of the 
20 distinct areas for which critical habitat is proposed, 13 include 
animal units or plant sections that are both occupied and unoccupied 
for 2 or more of the 12 Hawai[revaps]i island species.
    The areas we propose as critical habitat are located in six 
ecosystem types: (1) coastal, (2) dry forest, (3) mesic forest, (4) wet 
forest, (5) mesic grassland and shrubland, and (6) wet grassland and 
shrubland. Critical habitat designations for plants and animals are 
published in separate sections of the CFR; however, the proposed 
critical habitat for the 11 plants and Drosophila digressa overlap each 
other in many areas on the island of Hawai[revaps]i. For example, 
``Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae--Section 1'' and ``Drosophila digressa--Unit 1'' 
overlap entirely within the same geographic area. Therefore, because 
the section and unit boundaries are the same, we describe them together 
to avoid redundancy and reduce publication costs for this proposed 
rule, as indicated by ``and'' following the section name in the 
following headings.

                                     Table 3--Proposed Critical Habitat Units by Ecosystem, Land Ownership, and Size
                                        [Area estimates reflect all land within critical habitat unit boundaries]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Private/other (ac
          Animal unit                 Plant section           Plant unit     Federal (ac (ha))   State (ac (ha))         (ha))          Total (ac (ha))
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Wet Forest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 1....  Cyanea tritomantha,      Unit 3...........      3,550 (1,436)      7,962 (3,222)          547 (221)      12,059 (4,880)
                                  Cyrtandra wagneri,      Unit 52..........          548 (222)      2,682 (1,085)          984 (398)       4,213 (1,705)
                                  Melicope remyi,
                                  Phyllostegia
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 1.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................      4,097 (1,658)     10,644 (4,307)        1,531 (619)      16,272 (6,585)
Drosophila digressa--Unit 7....  Cyanea marksii,          Unit 15..........  .................           182 (73)  .................            182 (73)
                                  Phyllostegia            Unit 39..........  .................        1,021 (413)           144 (58)         1,164 (471)
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 4.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................        1,202 (486)           144 (58)         1,346 (545)
Drosophila digressa--Unit 8....  Cyanea marksii,          Unit 15..........  .................            55 (22)            72 (29)            127 (51)
                                  Phyllostegia            Unit 38..........  .................          298 (121)           236 (95)           534 (216)
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 5.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          353 (143)          308 (125)           661 (267)
Drosophila digressa--Unit 6....  Cyanea marksii,          Unit 16..........  .................           156 (63)  .................            156 (63)
                                  Phyllostegia            Unit 40..........  .................        1,239 (501)              4 (2)         1,243 (503)
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 6.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................        1,395 (565)              4 (2)         1,399 (566)
Drosophila digressa--Unit 2....  Cyanea tritomantha,      Unit 29..........  .................          494 (200)  .................           494 (200)
                                  Cyrtandra wagneri,      Unit 30..........      7,235 (2,928)      6,498 (2,630)  .................      13,732 (5,557)
                                  Phyllostegia            Unit 51..........          643 (260)     16,906 (6,841)          316 (128)      17,865 (7,230)
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 11.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................      7,877 (3,188)     23,898 (9,671)          316 (128)     32,091 (12,987)
Drosophila digressa--Unit 9....  Cyanea marksii,          Unit 37..........        1,906 (771)  .................            <1 (<1)         1,906 (771)
                                  Phyllostegia
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 12.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................        1,906 (771)  .................            <1 (<1)         1,906 (771)

[[Page 18769]]

 
Drosophila digressa--Unit 5....  Cyanea marksii,          Unit 41..........  .................          411 (166)      3,001 (1,214)       3,412 (1,381)
                                  Phyllostegia
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 13.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          411 (166)      3,001 (1,214)       3,412 (1,381)
                                 Cyrtandra                Unit 47..........  .................          274 (111)  .................           274 (111)
                                  nanawaleensis--Section
                                  15.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          274 (111)  .................           274 (111)
                                 Cyrtandra                Unit 48..........  .................          582 (235)              7 (3)           589 (238)
                                  nanawaleensis--Section
                                  16.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          582 (235)              7 (3)           589 (238)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Mesic Coastal
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Bidens hillebrandiana    Unit 6...........  .................              2 (1)  .................               2 (1)
                                  ssp. hillebrandiana--   Unit 53..........  .................            80 (33)           245 (99)           325 (132)
                                  Section 2.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................            82 (33)           245 (99)           327 (132)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Wet Forest and Wet Grassland and Shrubland
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Cyanea tritomantha,      Unit 8...........  .................      6,805 (2,754)  .................       6,805 (2,754)
                                  Melicope remyi,         Unit 9...........  .................            <1 (<1)             1 (<1)              1 (<1)
                                  Phyllostegia            Unit 54..........  .................      5,913 (2,392)        1,738 (703)       7,651 (3,096)
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 3.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................     12,718 (5,147)        1,739 (704)      14,457 (5,851)
                                 Cyrtandra wagneri,       Unit 23..........              9 (4)  .................  .................               9 (4)
                                  Phyllostegia            Unit 45..........      5,494 (2,223)  .................  .................       5,494 (2,223)
                                  floribunda,
                                  Pittosporum
                                  hawaiiense--Section 7.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................      5,503 (2,227)  .................  .................       5,503 (2,227)
                                 Cyrtandra                Unit 28..........  .................           155 (63)  .................            155 (63)
                                  nanawaleensis,          Unit 46..........  .................     12,213 (4,942)              6 (2)      12,219 (4,945)
                                  Cyrtandra wagneri,
                                  Phyllostegia
                                  floribunda--Section 10.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................     12,368 (5,005)              6 (2)      12,374 (5,008)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Wet Forest and Mesic Forest
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Cyanea tritomantha,      Unit 24..........        1,956 (792)           125 (51)  .................         2,081 (842)
                                  Cyrtandra wagneri,      Unit 44..........          318 (129)      5,439 (2,201)          649 (263)       6,406 (2,593)
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 8.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................        2,274 (920)      5,564 (2,252)          649 (263)       8,487 (3,435)
                                 Cyrtandra wagneri,       Unit 24..........            36 (14)            65 (26)  .................            101 (41)
                                  Pittosporum             Unit 43..........        1,689 (683)      4,183 (1,693)  .................       5,872 (2,376)
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 9.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................        1,725 (698)      4,248 (1,719)  .................       5,973 (2,417)
Drosophila digressa--Unit 3....  Cyanea tritomantha,      Unit 42..........      8,769 (3,549)             12 (5)  .................       8,781 (3,554)
                                  Cyrtandra wagneri,
                                  Phyllostegia
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 14.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................      8,769 (3,549)             12 (5)  .................       8,781 (3,554)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Wet Forest, Mesic Forest, and Mesic Grassland and Shrubland
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Cyrtandra                Unit 49..........  .................          875 (354)             1 (<1)           875 (354)
                                  nanawaleensis--Section
                                  17.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          875 (354)             1 (<1)           875 (354)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Cyrtandra                Unit 50..........  .................          562 (227)             1 (<1)           562 (227)
                                  nanawaleensis--Section
                                  18.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          562 (227)             1 (<1)           562 (227)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Dry Forest
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Schiedea hawaiiensis--   Unit 55..........  .................      6,822 (2,761)  .................       6,822 (2,761)
                                  Section 19.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................      6,822 (2,761)  .................       6,822 (2,761)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 18770]]

 
                                                                      Mesic Forest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 4....  .......................  .................  .................           167 (67)  .................            167 (67)
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................           167 (67)  .................            167 (67)
                                                                            ----------------------------------------------------------------------------
        Total..................  .......................  .................    32,151 (13,011)    82,177 (33,256)      7,950 (3,217)    122,277 (49,484)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

[GRAPHIC] [TIFF OMITTED] TP29MR23.020


[[Page 18771]]


               Table 5--Proposed Critical Habitat Units for Drosophila Digressa (Picture-Wing Fly)
----------------------------------------------------------------------------------------------------------------
                                                                       Corresponding critical habitat map in the
          Critical habitat unit               Occupied/unoccupied          Code of Federal Regulations (CFR)
----------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 1.............  Unoccupied.................  Drosophila digressa--Hawai[revaps]i
                                                                        Island, HI--Unit 1.
Drosophila digressa--Unit 2.............  Occupied...................  Drosophila digressa--Hawai[revaps]i
                                                                        Island, HI--Unit 2.
Drosophila digressa--Unit 3.............  Unoccupied.................  Drosophila digressa--Hawai[revaps]i
                                                                        Island, HI--Unit 3.
Drosophila digressa--Unit 4.............  Occupied...................  Drosophila digressa--Hawai[revaps]i
                                                                        Island, HI--Unit 4.
                                                                      ------------------------------------------
Drosophila digressa--Unit 5.............  Unoccupied.................  Drosophila digressa--Hawai[revaps]i
                                                                        Island, HI--Unit 5, Unit 6, Unit 7, Unit
                                                                        8, Unit 9.
Drosophila digressa--Unit 6.............  Unoccupied.................
Drosophila digressa--Unit 7.............  Unoccupied.................
Drosophila digressa--Unit 8.............  Unoccupied.................
Drosophila digressa--Unit 9.............  Unoccupied.................
----------------------------------------------------------------------------------------------------------------

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat, for each of the 12 
Hawai[revaps]i Island species, below.

Descriptions of Proposed Critical Habitat

    We describe each section and unit separately, below, but first 
describe the common rationale for proposing areas of critical habitat 
as occupied and/or unoccupied critical habitat. All areas that are 
proposed as occupied habitat for a species are important for that 
species because these areas are either the last or one of the last 
remaining areas inhabited by the species and they meet the definition 
of critical habitat, making these areas necessary for maintaining the 
redundancy and representation for the species' conservation. This is 
the case for all sections and units, with the exception of Schiedea 
hawaiiensis--Section 19, which is proposed critical habitat, but is not 
currently occupied habitat for any of the 12 species. We note which 
areas are the last remaining area known to be inhabited by a species.
    We analyzed whether occupied areas were adequate for the 
conservation of each of the 12 species based on conservation goals 
within the recovery plan (Service 2022a, entire). Occupied areas were 
not able to provide the space needed to meet the target number of 
reproductive populations and individuals for any of the 12 species, but 
for three species, no other areas containing physical or biological 
features are known, leaving nine species (Drosophila digressa, Cyanea 
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Schiedea hawaiiensis) for which additional 
areas containing at least one physical or biological feature essential 
to the conservation of the species are known. We have determined that 
all areas of unoccupied habitat that are proposed critical habitat for 
these species are essential for the conservation of these species 
because (1) they provide one or more of the physical or biological 
features necessary for the reestablishment of wild populations within 
their range, and (2) we have reasonable certainty that these areas will 
contribute to the conservation of the species by contributing to the 
areas needed to support the numbers of populations and reproducing 
individuals needed for recovery, thus helping to ensure resiliency, 
redundancy, and representation needed for conservation of these 
species. The establishment of multiple (redundancy), robust populations 
is a key component of conservation of these species (Service 2022a, pp. 
29-30, 35, 39, 48-49). Due to the small numbers of individuals of each 
of these species, they require suitable habitat and space for expansion 
or introduction to achieve population levels that could approach 
recovery. Designating unoccupied areas as critical habitat for these 
species also supports recovery by allowing the habitat needed to 
establish additional populations able to withstand environmental 
stochasticity (resiliency) that otherwise has potential to eliminate a 
species from the one, or more, of the locations where it is currently 
found. Designating these unoccupied areas as critical habitat also 
promotes conservation actions to restore their historical, 
geographical, and ecological representation (representation), necessary 
for their recovery. For ease of reading and space efficiency, after 
first use of the full name of a plant section, we will refer to it by 
its section number only.

   Table 6--Land Use, Threats to Habitat, and Potential Special Management Considerations for Critical Habitat
                            Units Designated for the 12 Hawai[revaps]i Island Species
----------------------------------------------------------------------------------------------------------------
          Plant section             Drosophila unit    General land use         Threats       Special management
----------------------------------------------------------------------------------------------------------------
Section 1.......................  Unit 1............  A, B, C, D, E, F,   O, P, Q...........  S, T, U.
                                                       G.
Section 2.......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 3.......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 4.......................  Unit 7............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 5.......................  Unit 8............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 6.......................  Unit 6............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 7.......................  ..................  A, B, C, D, F, H..  O, P, Q, R........  S, T, U.
Section 8.......................  ..................  A, E, F, G, H, I,   O, P, Q...........  S, T.
                                                       J, K, L.
Section 9.......................  ..................  A, E, F, H, I, J..  O, P, Q, R........  S, T, U.
Section 10......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       G, H, M.
Section 11......................  Unit 2............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H, K, N.
Section 12......................  Unit 9............  A, B, C, D, F, H..  O, P, Q, R........  S, T, U.
                                  Unit 4............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 13......................  Unit 5............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       G, H.
Section 14......................  Unit 3............  A, E, F, H, I, J..  O, P, Q, R........  S, T, U.

[[Page 18772]]

 
Section 15......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       N.
Section 16......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       N.
Section 17......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       N.
Section 18......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       N.
Section 19......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
----------------------------------------------------------------------------------------------------------------

Definition of Codes Used in Table 6

General land use:
(A) Watershed protection
(B) Ungulate and invasive plant control
(C) Natural resource monitoring
(D) Rare species protection and research
(E) Public hunting
(F) Public use and recreation
(G) Education and outreach
(H) Fire control
(I) Natural resource conservation including monitoring invasive 
plants and animals
(J) Enhancement of native rare plant resources
(K) Cultural uses
(L) Personal gathering
(M) Public use including traditional and customary rights of Native 
Hawaiians
(N) Timber management
Threats:
(O) Habitat degradation due to rooting by feral ungulates
(P) Intrusion of ecosystem altering invasive plants
(Q) Changes in canopy cover due to plant disease
(R) Fire
Special management considerations (see Special Management 
Considerations or Protection, in text above for additional detail):
(S) Feral ungulate control
(T Measures to control spread of invasive plants
(U) Fire management planning and wildfire response

Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae--Section 1 and Drosophila digressa--Unit 1

    Section 1 and Drosophila digressa--Unit 1 consist of wet forest 
ecosystem from [revaps][Omacr][revaps][omacr]kala to Maulua Nui on the 
northeastern slope of Maunakea. Lands within this section and unit 
include approximately 25 percent in Federal ownership, 65 percent in 
State ownership, and 9 percent in private/other ownership (see table 3, 
above). Section 1 is comprised of two units: Unit 3 is a critical 
habitat unit within unit Hawaii 3 (see 50 CFR 17.99(k)(10) through 
(14)), which was previously designated for other plant species; and 
Unit 52 is a newly proposed critical habitat unit depicted on Map 119. 
All State-owned lands in this section and unit are managed by the State 
of Hawaii as part of the Hilo Forest Reserve Humu[revaps]ula, 
Laup[amacr]hoehoe, and P[imacr]h[amacr] Sections; the Laup[amacr]hoehoe 
Natural Area Reserve; and the Manowaiale[revaps]e Forest Reserve. All 
Federal lands in this section and unit are managed by the Service 
within Hakalau Forest National Wildlife Refuge, Hakalau Forest Unit. 
For general land use, threats, and special management considerations or 
protection measures to reduce or alleviate the threats identified 
within this section and unit, see table 6, above (DLNR-DOFAW 2022, 
entire; DLNR and USDA 2016, p. 4; Service 2010, pp. 1-13, 1-33-1-34; 
Stewart 2010, entire). The State lands within this section and unit are 
managed under the Laup[amacr]hoehoe Forest Management Plan (DLNR and 
USDA 2016, entire) and the Mauna Kea Watershed Management Plan (Stewart 
2010, entire). The Federal lands within this section and unit are 
managed under the Hakalau Forest National Wildlife Refuge Comprehensive 
Conservation Plan (Service 2010, pp. 2-20-2-40) and the Mauna Kea 
Watershed Management Plan (Stewart 2010, entire).
    Section 1 is occupied by the plants Cyanea tritomantha, Cyrtandra 
wagneri, Melicope remyi, Phyllostegia floribunda, and Stenogyne 
cranwelliae. This section and unit include the wet forest, the moisture 
regime, and canopy, subcanopy, and understory native plant species 
identified as the physical or biological features in the wet forest 
ecosystem. Section 1 is important because it has the last remaining 
areas inhabited by Cyrtandra wagneri and Melicope remyi, and one of the 
last remaining areas inhabited by Cyanea tritomantha, Phyllostegia 
floribunda, and Stenogyne cranwelliae, making it an essential area for 
maintaining the redundancy and representation necessary for species' 
conservation. Although Section 1 is not known to be occupied by the 
plants Pittosporum hawaiiense and Schiedea diffusa ssp. macraei, and 
Drosophila digressa--Unit 1 is not known to be occupied by Drosophila 
digressa, this section and unit contain unoccupied habitat that is 
essential for the conservation of these species because they (1) are 
habitat for these species, (2) provide at least one the physical or 
biological features essential for the conservation of each of these 
species, and (3) contribute to the area of habitat needed to 
reestablish wild populations within their range in support of recovery 
criteria for each of these species. For recovery, each plant species 
needs at least 10 populations, with at least 400 reproducing 
individuals per population for Pittosporum hawaiiense and 500 
reproducing individuals per population for Schiedea diffusa ssp. 
macraei (Service 2022a, p. 43-44). Drosophila digressa needs at least 
10 stable populations for recovery (Service 2022a, p. 49). Therefore, 
we are reasonably certain that this section and unit will contribute to 
the conservation of these species and that this section and unit 
contain one or more of the physical or biological features that are 
essential to the conservation of these species. Approximately 12,059 ac 
(4,880 ha) of this section and unit overlap designated critical habitat 
for the federally endangered plants Clermontia peleana, Cyanea 
platyphylla, Cyrtandra giffardii, Cyrtandra tintinnabula, and 
Phyllostegia warshaueri (see 68 FR 39624; July 2, 2003).

[[Page 18773]]

[GRAPHIC] [TIFF OMITTED] TP29MR23.021

Bidens hillebrandiana ssp. hillebrandiana--Section 2

    Section 2 consists of coastal ecosystem from Polol[umacr] to 
Laup[amacr]hoehoe Iki on the northeastern slope of Kohala Mountain. 
Lands within this section include approximately 25 percent in State 
ownership and 75 percent in private/other ownership (see table 3, 
above). Section 2 is comprised of two units: Unit 6 is a critical 
habitat unit within unit Hawaii 6 (see 50 CFR 17.99(k)(25)), which was 
previously designated for another plant species; and Unit 53 is a newly 
proposed critical habitat unit depicted on Map 120. All State-owned 
lands in Section 2 are managed by the State of Hawaii as part of the 
Polol[umacr] Section of the Kohala Forest Reserve and the Pu[revaps]u o 
[revaps]Umi Natural Area Reserve. The State lands within this section 
are managed under the Pu[revaps]u o [revaps]Umi Management Plan (DLNR-
DOFAW 1989, entire) and Kohala Mountain Watershed Management Plan Draft 
(Kohala Watershed Partnership [KWP] 2007, entire). For general land 
use, threats, and special management considerations or protection 
measures to reduce or alleviate the threats identified within this 
section, see table 6, above (DLNR-DOFAW 1989, entire; KWP 2007, 
entire).
    Section 2 is occupied by the plant Bidens hillebrandiana ssp. 
hillebrandiana and includes the coastal habitat, the moisture regime, 
and canopy, subcanopy, and understory native plant species identified 
as the physical or biological features in the coastal ecosystem. This 
section is especially important because it is the last remaining area 
inhabited by the species, which makes it an important area for 
maintaining the redundancy and representation necessary for species' 
conservation. Approximately 2 ac (1 ha) of this section overlaps 
designated critical habitat for the federally endangered plant 
Nothocestrum breviflorum (see 68 FR 39624; July 2, 2003).

[[Page 18774]]

Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 3

    Section 3 consists of wet forest and wet grassland and shrubland 
ecosystems from Kahua to Pu[revaps]ukapu on Kohala Mountain. Lands 
within this section include approximately 88 percent in State ownership 
and 12 percent in private/other ownership (see table 3, above). Section 
3 is comprised of three units: Unit 8 and Unit 9 are critical habitat 
units within unit Hawaii 8 and unit Hawaii 9 (see 50 CFR 17.99(k)(27) 
through (38)), which were previously designated for other plant 
species; and Unit 54 is a newly proposed critical habitat unit depicted 
on Map 121. All State-owned lands in this section are managed by the 
State of Hawaii as part of the Kohala Forest Reserve, Kohala Watershed 
Forest Reserve, and Pu[revaps]u o [revaps]Umi Natural Area Reserve. The 
State lands within this section are managed under the Pu[revaps]u o 
[revaps]Umi Management Plan (DLNR-DOFAW 1989, entire) and the Kohala 
Mountain Watershed Management Plan Draft (KWP 2007, entire). For 
general land use, threats, and special management considerations or 
protection measures to reduce or alleviate the threats identified 
within this section, see table 6, above (DLNR-DOFAW 1989, entire; KWP 
2007, entire).
    Section 3 is occupied by the plants Cyanea tritomantha, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae, 
and includes the wet forest and wet grassland and shrubland ecosystems, 
the moisture regime, and canopy, subcanopy, and understory native plant 
species identified as the physical or biological features in the wet 
forest and wet grassland and shrubland ecosystems. Although Section 3 
is not known to be occupied by Melicope remyi or Phyllostegia 
floribunda, this section contains unoccupied habitat that is essential 
for the conservation of these species because they (1) are habitat for 
these species, (2) provide at least one the physical or biological 
features essential for the conservation of each of these species, and 
(3) contribute to the area of habitat needed to reestablish wild 
populations within their range in support of recovery criteria for each 
of these species. For recovery, each species needs at least 10 
populations, with at least 200 reproducing individuals per population 
for Melicope remyi and at least 500 reproducing individuals per 
population for Phyllostegia floribunda (Service 2022a, p. 43-44). 
Therefore, we are reasonably certain that this section will contribute 
to the conservation of these species and that this section contains one 
or more of the physical or biological features that are essential to 
the conservation of these species. Approximately 6,938 ac (2,808 ha) of 
this section overlaps designated critical habitat for the federally 
endangered plants Clermontia drepanomorpha, Phyllostegia warshaueri, 
and Achyranthes mutica (see 68 FR 39624; July 2, 2003); and for the 
picture-wing fly Drosophila ochrobasis Units 3 (Kohala Mountains East) 
and 4 (Kohala Mountains West) (see 50 CFR 17.95(i) and 73 FR 73795, 
December 4, 2008).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 4 and 
Drosophila digressa--Unit 7

    Section 4 and Drosophila digressa--Unit 7 consist of wet forest 
ecosystem from Kukuiopa[revaps]e to [revaps][Omacr]lelomoana on the 
southwestern slopes of Mauna Loa. Lands within this section and unit 
include approximately 89 percent in State ownership and 11 percent in 
private/other ownership (see table 3, above). Section 4 is comprised of 
two units: Unit 15 is a critical habitat unit within unit Hawaii 15 
(see 50 CFR 17.99(k)(58) through (59)), which was previously designated 
for another plant species; and Unit 39 is a newly proposed critical 
habitat unit depicted on Map 108. All State-owned lands in this section 
and unit are managed by the State of Hawaii as part of the South Kona 
Forest Reserve Kukuiopa[revaps]e Section. The State lands within this 
section and unit are managed under the Three Mountain Alliance 
Management Plan (TMA 2007, entire). For general land use, threats, and 
special management considerations or protection measures to reduce or 
alleviate the threats identified within this section and unit, see 
table 6, above (TMA 2007, pp. 26-37; DLNR-DOFAW 2022, entire).
    Section 4 is occupied by the plants Cyanea marksii, Phyllostegia 
floribunda, and Pittosporum hawaiiense. This section and unit include 
the wet forest, the moisture regime, and canopy, subcanopy, and 
understory native plant species identified as the physical or 
biological features in the wet forest ecosystem. Although Section 4 is 
not known to be occupied by the plants Schiedea diffusa ssp. macraei 
and Stenogyne cranwelliae, and Drosophila digressa--Unit 7 is not known 
to be occupied by Drosophila digressa, this section and unit contain 
unoccupied habitat that is essential for the conservation of these 
species because they (1) are habitat for these species, (2) provide at 
least one the physical or biological features essential for the 
conservation of each of these species, and (3) contribute to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Schiedea diffusa ssp. macraei needs at least 10 populations, with at 
least 500 reproducing individuals per population, and Stenogyne 
cranwelliae needs at least 20 populations, with at least 500 
reproducing individuals per population (Service 2022a, p. 43-44). 
Drosophila digressa needs at least 10 stable populations for recovery 
(Service 2022a, p. 49). Therefore, we are reasonably certain that this 
section and unit will contribute to the conservation of these species 
and that this section and unit contain one or more of the physical or 
biological features that are essential to the conservation of these 
species. Approximately 182 ac (73 ha) of this section and unit overlap 
designated critical habitat for the federally endangered plant Cyanea 
stictophylla (68 FR 39624; July 2, 2003).

[[Page 18775]]

[GRAPHIC] [TIFF OMITTED] TP29MR23.022

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 5 and 
Drosophila digressa--Unit 8

    Section 5 and Drosophila digressa--Unit 8 consist of wet forest 
ecosystem in Ka[revaps]ohe on the southwestern slopes of Mauna Loa. 
Lands within this section and unit include approximately 53 percent in 
State ownership and 47 percent in private/other ownership (see table 3, 
above). Section 5 is comprised of two units: Unit 15 is a critical 
habitat unit within unit Hawaii 15 (see 50 CFR 17.99(k)(58) through 
(59)), which was previously designated for another plant species; and 
Unit 38 is a newly proposed critical habitat unit depicted on Map 107. 
All State-owned lands in this section and unit are managed by the State 
of Hawaii as part of the South Kona Forest Reserve, Ka[revaps]ohe 
Section and Kukuiopa[revaps]e Section. The State lands within this 
section and unit are managed under the Three Mountain Alliance 
Management Plan (TMA 2007, pp. 47-50). For general land use, threats, 
and special management considerations or protection measures to reduce 
or alleviate the threats identified within this section and unit, see 
table 6, above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 26-37).
    Section 5 is occupied by the plant Cyanea marksii. This section and 
unit include the wet forest, the moisture regime, and canopy, 
subcanopy, and understory native plant species identified as the 
physical or biological features in the wet forest ecosystem. Although 
Section 5 is not known to be occupied by the plants Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae, and Drosophila digressa--Unit 8 is not known to 
be occupied by Drosophila digressa, this section and unit contain 
unoccupied habitat that is essential for the conservation of these 
species because they (1) are habitat for these species, (2) provide at 
least one the physical or biological features essential for the 
conservation of each of these species, and (3) contribute to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Phyllostegia floribunda, Pittosporum hawaiiense, and Schiedea diffusa 
ssp. macraei each need at least 10 populations, with at least 500 
reproducing individuals per population for Phyllostegia floribunda and 
Schiedea diffusa ssp. macraei and at least 400 reproducing individuals 
per population for Pittosporum hawaiiense (Service 2022a, p. 43-44). 
For Stenogyne cranwelliae, at least 20 populations, each with at least 
500 reproducing

[[Page 18776]]

individuals, are necessary for recovery (Service 2022a, p. 43-44). 
Drosophila digressa needs at least 10 stable populations for recovery 
(Service 2022a, p. 49). Therefore, we are reasonably certain that this 
section and unit will contribute to the conservation of these species 
and that this section and unit contain one or more of the physical or 
biological features that are essential to the conservation of these 
species. Approximately 127 ac (51 ha) of this section and unit overlap 
designated critical habitat for the federally endangered plant Cyanea 
stictophylla (68 FR 39624; July 2, 2003).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 6 and 
Drosophila digressa--Unit 6

    Section 6 and Drosophila digressa--Unit 6 consist of wet forest 
ecosystem in K[imacr]p[amacr]hoehoe on the southwestern slopes of Mauna 
Loa. Lands within this section and unit include approximately 99.7 
percent in State ownership and 0.3 percent in private/other ownership 
(see table 3, above). Section 6 is comprised of two units: Unit 16 is a 
critical habitat unit within unit Hawaii 16 (see 50 CFR 17.99(k)(60) 
through (61)), which was previously designated for another plant 
species; and Unit 40 is a newly proposed critical habitat unit depicted 
on Map 109. All State-owned lands in this section and unit are managed 
by the State of Hawaii as part of the K[imacr]p[amacr]hoehoe Natural 
Area Reserve. The State lands within this section and unit are managed 
under the K[imacr]p[amacr]hoehoe Natural Area Reserve Management Plan 
(DLNR-DOFAW 2002, entire) and the Three Mountain Alliance Management 
Plan (TMA 2007, entire). For general land use, threats, and special 
management considerations or protection measures to reduce or alleviate 
the threats within this section and unit, see table 6, above (DLNR-
DOFAW 2002, entire).
    Section 6 is occupied by the plants Cyanea marksii and Phyllostegia 
floribunda. This section and unit include the wet forest, the moisture 
regime, and canopy, subcanopy, and understory native plant species 
identified as the physical or biological features in the wet forest 
ecosystem. Although Section 6 is not known to be occupied by 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne 
cranwelliae, and Drosophila digressa--Unit 6 is not known to be 
occupied by Drosophila digressa, this section and unit contain 
unoccupied habitat that is essential for the conservation of these 
species because they (1) are habitat for these species, (2) provide at 
least one the physical or biological features essential for the 
conservation of each of these species, and (3) contribute to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Pittosporum hawaiiense and Schiedea diffusa ssp. macraei each need at 
least 10 populations, with at least 400 reproducing individuals per 
population for Pittosporum hawaiiense and at least 500 reproducing 
individuals per population for Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae needs at least 20 populations, each with at least 
500 reproducing individuals (Service 2022a, p. 43-44). Drosophila 
digressa needs at least 10 stable populations for recovery (Service 
2022a, p. 49). Therefore, we are reasonably certain that this section 
and unit will contribute to the conservation of these species and that 
this section and unit contain one or more of the physical or biological 
features that are essential to the conservation of these species. 
Approximately 156 ac (63 ha) of this section and unit overlap 
designated critical habitat for the federally endangered plant Cyanea 
stictophylla (68 FR 39624; July 2, 2003).

Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum hawaiiense--
Section 7

    Section 7 consists of wet forest and wet grassland and shrubland 
ecosystems from P[amacr]nau Nui to Kamoamoa on eastern slope of 
K[imacr]lauea Volcano, entirely on Federal land (see table 3, above). 
Section 7 is comprised of two units: Unit 23 is a critical habitat unit 
within unit Hawaii 23 (see 50 CFR 17.99(k)(74) through (75)), which was 
previously designated for another plant species; and Unit 45 is a newly 
proposed critical habitat unit depicted on Map 114. Lands within this 
section are entirely under Federal ownership managed by the National 
Park Service within Hawai[revaps]i Volcanoes National Park. Federal 
lands within this section are managed by the National Park Service 
under the Hawai[revaps]i Volcanoes National Park General Management 
Plan (National Park Service 2015, 2016, entire) and the Three Mountain 
Alliance Management Plan (TMA 2007, entire). For general land use, 
threats, and special management considerations or protection measures 
to reduce or alleviate the threats within this section, see table 6, 
above (National Park Service 2015, 2016, entire).
    Section 7 is occupied by the plants Phyllostegia floribunda and 
Pittosporum hawaiiense and includes the wet forest and wet grassland 
and shrubland ecosystems, the moisture regime, and canopy, subcanopy, 
and understory native plant species identified as the physical or 
biological features in the wet forest and wet grassland and shrubland 
ecosystems. Although Section 7 is not known to be occupied by Cyrtandra 
wagneri, this section contains unoccupied habitat that is essential for 
the conservation of this species because it (1) is habitat for this 
species, (2) provides at least one the physical or biological features 
essential for the conservation of this species, and (3) contributes to 
the area of habitat needed to reestablish wild populations within its 
range in support of recovery criteria. At least 10 populations, each 
with at least 500 reproducing individuals are necessary for recovery of 
Cyrtandra wagneri (Service 2022a, p. 43-44). Therefore, we are 
reasonably certain that this section will contribute to the 
conservation of this species and that this section contains one or more 
of the physical or biological features that are essential to the 
conservation of this species. Approximately 9 ac (4 ha) of this section 
overlaps designated critical habitat for the federally endangered plant 
Pleomele hawaiiensis (68 FR 39624; July 2, 2003).

Cyanea tritomantha, Cyrtandra wagneri, Pittosporum hawaiiense, Schiedea 
diffusa ssp. macraei, Stenogyne cranwelliae--Section 8

    Section 8 consists of wet and mesic forest ecosystems from 
N[imacr]nole to P[amacr]hala on the southern slopes of Mauna Loa. Lands 
within this section include approximately 27 percent in Federal 
ownership, 66 percent in State ownership, and 8 percent in private/
other ownership (see table 3, above). Section 8 is comprised of two 
units: Unit 24 is a critical habitat unit within unit Hawaii 24 (see 50 
CFR 17.99(k)(76) through (81)), which was previously designated for 
another plant species; and Unit 44 is a newly proposed critical habitat 
unit depicted on Map 113. Federal lands in Section 8 are managed by the 
National Park Service within the Hawai[revaps]i Volcanoes National Park 
and in accordance with their Hawai[revaps]i Volcanoes National Park 
General Management Plan (National Park Service 2015, 2016, entire). All 
State-owned lands in this section are managed by the State of Hawaii, 
are part of the Ka[revaps][umacr] Forest Reserve, and are managed under 
the Ka[revaps][umacr] Forest Reserve Management Plan (DLNR-DOFAW 2012, 
entire). For general land use, threats, and special management 
considerations or protection measures to

[[Page 18777]]

reduce or alleviate the threats within Section 8, see table 6, above 
(DLNR-DOFAW 2012, p. 3; TMA 2007, pp. 44-46).
    Section 8 is occupied by the plants Cyanea tritomantha, Pittosporum 
hawaiiense, and Schiedea diffusa ssp. macraei and includes the wet and 
mesic forest, the moisture regime, and canopy, subcanopy, and 
understory native plant species identified as the physical or 
biological features in the wet and mesic forest ecosystems. Although 
Section 8 is not known to be occupied by the plants Cyrtandra wagneri 
or Stenogyne cranwelliae, this section contains unoccupied habitat that 
is essential for the conservation of these species because it (1) is 
habitat for these species, (2) provides at least one the physical or 
biological features essential for the conservation of each of these 
species, and (3) contributes to the area of habitat needed to 
reestablish wild populations within their range in support of recovery 
criteria for each of these species. For recovery, Cyrtandra wagneri 
needs at least 10 populations, each with at least 500 reproducing 
individuals, and Stenogyne cranwelliae needs at least 20 populations, 
each with at least 500 reproducing individuals (Service 2022a, p. 43-
44). Therefore, we are reasonably certain that this section will 
contribute to the conservation of these species and that this section 
contains one or more of the physical or biological features that are 
essential to the conservation of these species. Approximately 2,081 ac 
(842 ha) of the section overlaps designated critical habitat for the 
federally endangered plant Argyroxiphium kauense (68 FR 39624; July 2, 
2003) and for the picture-wing fly Drosophila heteroneura Unit 1 
(Ka[revaps][umacr] Forest) (see 50 CFR 17.95(i) and 73 FR 73795, 
December 4, 2008).
[GRAPHIC] [TIFF OMITTED] TP29MR23.023


[[Page 18778]]



Cyrtandra wagneri, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, Stenogyne cranwelliae--Section 9

    Section 9 consists of wet and mesic forest ecosystems from 
Wai[revaps][omacr]hinu to N[imacr]nole on the southern slopes of Mauna 
Loa. Lands within this section include approximately 29 percent in 
Federal ownership and 71 percent in State ownership (see table 3, 
above). Section 9 is comprised of two units: Unit 24 is a critical 
habitat unit within unit Hawaii 24 (see 50 CFR 17.99(k)(76) through 
(81)), which was previously designated for another plant species; and 
Unit 43 is a newly proposed critical habitat unit depicted on Map 112. 
Federal lands in Section 9 are managed by the National Park Service 
within the Hawai[revaps]i Volcanoes National Park and in accordance 
with their Hawai[revaps]i Volcanoes National Park General Management 
Plan (National Park Service 2015, 2016, entire). All State-owned lands 
in this section are managed by the State of Hawaii, are part of the 
Ka[revaps][umacr] Forest Reserve, and are managed under the 
Ka[revaps][umacr] Forest Reserve Management Plan (DLNR-DOFAW 2012, 
entire). For general land use, threats, and special management 
considerations or protection measures to reduce or alleviate the 
threats within this section, see table 6, above (TMA 2007, pp. 26-37; 
DLNR-DOFAW 2012, pp. 1-3; DLNR 2017, pp. 3-5).
    Section 9 is occupied by the plants Pittosporum hawaiiense and 
Schiedea diffusa ssp. macraei and includes the wet and mesic forest, 
the moisture regime, and canopy, subcanopy, and understory native plant 
species identified as the physical or biological features in the wet 
and mesic forest ecosystems. Although Section 9 is not known to be 
occupied by Cyrtandra wagneri or Stenogyne cranwelliae, this section 
contains unoccupied habitat that is essential for the conservation of 
these species because it (1) is habitat for these species, (2) provides 
at least one the physical or biological features essential for the 
conservation of each of these species, and (3) contributes to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Cyrtandra wagneri needs at least 10 populations, each with at least 500 
reproducing individuals, and Stenogyne cranwelliae needs at least 20 
populations, each with at least 500 reproducing individuals (Service 
2022a, p. 43-44). Therefore, we are reasonably certain that this 
section will contribute to the conservation of these species and that 
this section contains one or more of the physical or biological 
features that are essential to the conservation of these species. 
Approximately 101 ac (41 ha) of this section overlap designated 
critical habitat for the federally endangered plant Argyroxiphium 
kauense (68 FR 39624; July 2, 2003) and for the picture-wing fly 
Drosophila ochrobasis Unit 5 (Upper Kahuku) (see 50 CFR 17.95(i) and 73 
FR 73795, December 4, 2008).

Cyrtandra nanawaleensis, Cyrtandra wagneri, Phyllostegia floribunda--
Section 10

    Section 10 consists of wet forest and wet grassland and shrubland 
ecosystems from Kahauale[revaps]a to Wao Kele o Puna near the east rift 
zone of Kilauea Volcano in the district of Puna. Lands within this 
section include approximately 100 percent in State ownership and less 
than 1 percent in private/other ownership (see table 3, above). Section 
10 is comprised of two units: Unit 28 is a critical habitat unit within 
unit Hawaii 28 (see 50 CFR 17.99(k)(89)), which was previously 
designated for another plant species; and Unit 46 is a newly proposed 
critical habitat unit depicted on Map 115. Lands within this section 
are almost entirely under State ownership managed by the State of 
Hawaii within the Kahauale[revaps]a Natural Area Reserve and the State 
of Hawaii Office of Hawaiian Affairs within the Wao Kele o Puna Forest 
Reserve. The State lands within this section are managed under the Wao 
Kele o Puna Comprehensive Management Plan (Nalehualawaku[revaps]ulei 
2017, entire) and the Three Mountain Alliance Management Plan (TMA 
2007, entire). For general land use, threats, and special management 
considerations or protection measures to reduce or alleviate the 
threats within this section, see table 6, above (DLNR-DOFAW 2022, 
entire; TMA 2007, pp. 26-37; Nalehualawaku[revaps]ulei 2017, entire).
    Section 10 is occupied by the plants Cyrtandra nanawaleensis and 
Phyllostegia floribunda and includes the wet forest and wet grassland 
and shrubland, the moisture regime, and canopy, subcanopy, and 
understory native plant species identified as the physical or 
biological features in the wet forest and wet grassland and shrubland 
ecosystems. Although Section 10 is not known to be occupied by 
Cyrtandra wagneri, this section contains unoccupied habitat that is 
essential for the conservation of this species because it (1) is 
habitat for this species, (2) provides at least one the physical or 
biological features essential for the conservation of this species, and 
(3) contributes to the area of habitat needed to reestablish wild 
populations within its range in support of recovery criteria. At least 
10 populations, each with at least 500 reproducing individuals are 
necessary for recovery of Cyrtandra wagneri (Service 2022a, p. 43-44). 
Therefore, we are reasonably certain that this section will contribute 
to the conservation of this species and that this section contains one 
or more of the physical or biological features that are essential to 
the conservation of this species. Approximately 155 ac (63 ha) of this 
section overlaps designated critical habitat for the federally 
endangered plant Adenophorus periens (68 FR 39624; July 2, 2003).

Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 11 and Drosophila digressa--Unit 2

    Section 11 and Drosophila digressa--Unit 2 consist of wet forest 
ecosystem from [revaps]Ola[revaps]a to Upper Waiakea on the eastern 
slope of Mauna Loa and partially on the northern slope of Kilauea 
Volcano. Lands within this section and unit include approximately 25 
percent in Federal ownership, 74 percent in State ownership, and 1 
percent in private/other ownership (see table 3, above). Section 11 is 
comprised of three units: Unit 29 and Unit 30 are critical habitat 
units within unit Hawaii 29 and unit Hawaii 30 (see 50 CFR 17.99(k)(90) 
through (103)), which were previously designated for other plant 
species; and Unit 51 is a newly proposed critical habitat unit depicted 
on Map 118. All State-owned lands in this section and unit are managed 
by the State of Hawaii as part of the Hilo Forest Reserve Kukuau 
Section, [revaps]Ola[revaps]a Forest Reserve Mountain View Section, 
Upper Waiakea Forest Reserve, Waiakea Forest Reserve, Pu[revaps]u 
Maka[revaps]ala Natural Area Reserve, and Waiakea 1942 Lava Flow 
Natural Area Reserve. All Federal lands in this section and unit are 
managed by the National Park Service within the Hawai[revaps]i 
Volcanoes National Park. The State lands within this section and unit 
are managed under the Pu[revaps]u Maka[revaps]ala Natural Area Reserve 
Management Plan (DLNR-DOFAW 2013, entire) and the Three Mountain 
Alliance's Management Plan (TMA 2007, entire). The Federal lands within 
this section and unit are managed under the Hawai[revaps]i Volcanoes 
National Park General Management Plan (National Park Service 2015, 
2016, entire). For general land use, threats, and special management 
considerations or protection measures to reduce or alleviate the 
threats within this section and unit, see table 6 (National Park

[[Page 18779]]

Service 2015, 2016, entire; DLNR-DOFAW 2013, p. 21; DLNR-DOFAW 2022, 
entire; TMA 2007, pp. 40-43).
    Section 11 is occupied by the plants Cyanea tritomantha, 
Phyllostegia floribunda, Pittosporum hawaiiense, and Schiedea diffusa 
ssp. macraei, and Drosophila digressa--Unit 2 is occupied by the 
picture-wing fly Drosophila digressa. This section and unit include the 
wet forest, the moisture regime, and canopy, subcanopy, and understory 
native plant species identified as the physical or biological features 
in the wet forest ecosystem. Although Section 11 is not known to be 
occupied by Cyrtandra wagneri or Stenogyne cranwelliae, this section 
contains unoccupied habitat that is essential for the conservation of 
these species because it (1) is habitat for these species, (2) provides 
at least one the physical or biological features essential for the 
conservation of each of these species, and (3) contributes to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Cyrtandra wagneri needs at least 10 populations, each with at least 500 
reproducing individuals, and Stenogyne cranwelliae needs at least 20 
populations, each with at least 500 reproducing individuals (Service 
2022a, p. 43-44). Therefore, we are reasonably certain that this 
section will contribute to the conservation of these species and that 
this section contains one or more of the physical or biological 
features that are essential to the conservation of these species. 
Approximately 14,665 ac (5,935 ha) of this section and unit overlaps 
designated critical habitat for the federally endangered plants 
Clermontia peleana, Cyanea stictophylla, Cyrtandra giffardii, 
Phyllostegia velutina, and Sicyos alba (68 FR 39624; July 2, 2003), and 
for the picture-wing fly Drosophila mulli Unit 1 (Ola[revaps]a Forest) 
and Unit 3 (Waiakea Forest) (see 50 CFR 17.95(i) and 73 FR 73795, 
December 4, 2008).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 12 and 
Drosophila digressa--Unit 9

    Section 12 and Drosophila digressa--Unit 9 consist of wet forest 
ecosystem in Ho[revaps]okena on the southwestern slopes of Mauna Loa. 
Newly proposed critical habitat for Section 12 is entirely within 
critical habitat Unit 37 depicted on Map 106 and includes approximately 
100 percent Federal land with less than 1 ac (less than 1 ha) of land 
that is privately owned or has other ownership (see table 3, above). 
Lands within this section and unit are almost entirely managed by the 
Service within Hakalau Forest National Wildlife Refuge's Kona Forest 
Unit and in accordance with the Hakalau Forest National Wildlife Refuge 
Comprehensive Conservation Plan (Service 2010, pp. 2-13-2-19, 2-33-2-
40). The State lands within this section and unit are managed under the 
Three Mountain Alliance Management Plan (TMA 2007, pp. 47-50). For 
general land use, threats, and special management considerations or 
protection measures to reduce or alleviate the threats within this 
section and unit, see table 6, above (Service 2010, entire; TMA 2007, 
pp. 26-37).
    Section 12 is occupied by the plant Cyanea marksii. This section 
and unit include the wet forest, the moisture regime, and canopy, 
subcanopy, and understory native plant species identified as the 
physical or biological features in the wet forest ecosystem. Although 
Section 12 is not known to be occupied by Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne 
cranwelliae, and Drosophila digressa--Unit 9 is not known to be 
occupied by Drosophila digressa, this section and unit contain 
unoccupied habitat that is essential for the conservation of these 
species because they (1) are habitat for these species, (2) provide at 
least one the physical or biological features essential for the 
conservation of each of these species, and (3) contribute to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Phyllostegia floribunda and Schiedea diffusa ssp. macraei each need at 
least 10 populations, with at least 500 reproducing individuals per 
population; Pittosporum hawaiiense needs at least 10 populations, each 
with at least 400 reproducing individuals; and Stenogyne cranwelliae 
needs at least 20 populations, each with at least 500 reproducing 
individuals (Service 2022a, p. 43-44). For (Service 2022a, p. 43-44). 
Drosophila digressa needs at least 10 stable populations for recovery 
(Service 2022a, p. 49). Therefore, we are reasonably certain that this 
section and unit will contribute to the conservation of these species 
and that this section and unit contain one or more of the physical or 
biological features that are essential to the conservation of these 
species. Approximately 1,482 ac (600 ha) of this section and unit 
overlap designated critical habitat for the picture-wing fly Drosophila 
heteroneura Unit 2 (Kona Refuge) (see 50 CFR 17.95(i) and 73 FR 73795, 
December 4, 2008).

Drosophila digressa--Unit 4

    Drosophila digressa--Unit 4 consists of mesic forest ecosystem at 
Manuka on the southern slopes of Mauna Loa, with 100 percent of lands 
in State ownership (see table 3, above). All State-owned lands in this 
unit are managed by the State of Hawaii as part of the Manuka Natural 
Area Reserve, under the Manuka Natural Area Reserve Draft Management 
Plan (DLNR-DOFAW 1992, entire) and the Three Mountain Alliance 
Management Plan (TMA 2007, entire). For general land use, threats, and 
special management considerations or protection measures to reduce or 
alleviate the threats within this unit, see table 6, above (DLNR-DOFAW 
1992, entire).
    Drosophila digressa--Unit 4 is occupied by the picture-wing fly 
Drosophila digressa and includes the mesic forest, the moisture regime, 
and canopy, subcanopy, and understory native plant species identified 
as the physical or biological features in the mesic forest ecosystem. 
This entire unit (167 ac, 67 ha) overlaps designated critical habitat 
(50 CFR 17.99(k)(64) through (69)) for the federally endangered plants 
Colubrina oppositifolia, Diellia erecta (now listed as Asplenium 
dielerectum), Flueggea neowawraea, Gouania vitifolia, Neraudia ovata, 
and Pleomele hawaiiensis (68 FR 39624; July 2, 2003).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 13 and 
Drosophila digressa--Unit 5

    Section 13 and Drosophila digressa--Unit 5 consist of wet forest 
ecosystem from Kipahoehoe to Honomalino on the southwestern slopes of 
Mauna Loa. Lands within this section and unit include approximately 12 
percent in State ownership and 88 percent in private/other ownership 
(see table 3, above). Newly proposed critical habitat for Section 13 is 
entirely within critical habitat Unit 41 depicted on Map 110. All 
State-owned lands in this section and unit are managed by the State of 
Hawaii as part of the Kipahoehoe Natural Area Reserve and South Kona 
Forest Reserve Kapua-Manuka Section. Some private lands are owned by 
The Nature Conservancy, within the Kona Hema Preserve. The State lands 
within this section and unit are managed under the Kipahoehoe Natural 
Area Reserve Management Plan (DLNR-DOFAW 2002, entire) and the Three 
Mountain Alliance Management Plan (TMA 2007, entire). The Nature 
Conservancy's land is managed under the Forest

[[Page 18780]]

Stewardship Management Plan for the Kona Hema Preserve (Giffin 2017, 
entire). For general land use, threats, and special management 
considerations or protection measures to reduce or alleviate the 
threats within this section and unit, see table 6, above (DLNR-DOFAW 
2002, entire).
    Section 13 is occupied by the plants Cyanea marksii, Phyllostegia 
floribunda, and Pittosporum hawaiiense. This section and unit include 
the wet forest, the moisture regime, and canopy, subcanopy, and 
understory native plant species identified as the physical or 
biological features in the wet forest ecosystem. Although Section 13 is 
not known to be occupied by Schiedea diffusa ssp. macraei and Stenogyne 
cranwelliae, and Drosophila digressa--Unit 5 is not known to be 
occupied by Drosophila digressa, this section and unit contains 
unoccupied habitat that is essential for the conservation of these 
species because they (1) are habitat for these species, (2) provide at 
least one the physical or biological features essential for the 
conservation of each of these species, and (3) contribute to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Schiedea diffusa ssp. macraei needs at least 10 populations, each with 
at least 500 reproducing individuals, and Stenogyne cranwelliae needs 
at least 20 populations, each with at least 500 reproducing individuals 
(Service 2022a, p. 43-44). Drosophila digressa needs at least 10 stable 
populations for recovery (Service 2022a, p. 49). Therefore, we are 
reasonably certain that this section and unit will contribute to the 
conservation of these species and that this section and unit contain 
one or more of the physical or biological features that are essential 
to the conservation of these species. There is no critical habitat for 
other endangered or threatened species within this section and unit.

Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 14 and Drosophila digressa--Unit 3

    Section 14 and Drosophila digressa--Unit 3 are entirely overlapping 
and consist of wet and mesic forest ecosystems at Kahuku on the 
southern slopes of Mauna Loa. Newly proposed critical habitat for 
Section 14 is comprised of a single unit of newly proposed critical 
habitat, Unit 42 depicted on Map 111. Lands within this section and 
unit include approximately 100 percent in Federal ownership and less 
than 1 percent in State ownership (see table 3, above). Federal lands 
are managed by the National Park Service within the Hawai[revaps]i 
Volcanoes National Park in accordance with the Hawai[revaps]i Volcanoes 
National Park General Management Plan (National Park Service 2015, 
2016, entire). All State-owned lands in this section and unit are 
managed by the State of Hawaii, are part of the Ka[revaps][umacr] 
Forest Reserve, and are managed under the Ka[revaps][umacr] Forest 
Reserve Management Plan (DLNR-DOFAW 2012, entire). For general land 
use, threats, and special management considerations or protection 
measures to reduce or alleviate the threats within this section and 
unit, see table 6, above (TMA 2007, pp. 26-37; DLNR-DOFAW 2012, pp. 1-
3; DLNR 2017, pp. 3-5).
    Section 14 is occupied by the plants Pittosporum hawaiiense and 
Schiedea diffusa ssp. macraei. This section and unit include the wet 
and mesic forest, the moisture regime, and canopy, subcanopy, and 
understory native plant species identified as the physical or 
biological features in the wet and mesic forest ecosystems. Although 
Section 14 is not known to be occupied by the plants Cyanea 
tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, or Stenogyne 
cranwelliae, or by the picture-wing fly Drosophila digressa in 
Drosophila digressa--Unit 3, this section and unit contain unoccupied 
habitat that is essential for the conservation of these species because 
they (1) are habitat for these species, (2) provide at least one the 
physical or biological features essential for the conservation of each 
of these species, and (3) contribute to the area of habitat needed to 
reestablish wild populations within their range in support of recovery 
criteria for each of these species. For recovery, Cyanea tritomantha, 
Cyrtandra wagneri, and Phyllostegia floribunda each need at least 10 
populations, with at least 500 reproducing individuals per population, 
and Stenogyne cranwelliae needs at least 20 populations, each with at 
least 500 reproducing individuals (Service 2022a, p. 43-44). Drosophila 
digressa needs at least 10 stable populations for recovery (Service 
2022a, p. 49). Therefore, we are reasonably certain that this section 
and unit will contribute to the conservation of these species and that 
this section and unit contain one or more of the physical or biological 
features that are essential to the conservation of these species. 
Approximately 681 ac (275 ha) of this section and unit overlap 
designated critical habitat for the picture-wing fly Drosophila 
heteroneura Unit 3 (Lower Kahuku) (see 50 CFR 17.95(i) and 73 FR 73795, 
December 4, 2008).

Cyrtandra nanawaleensis--Section 15

    Section 15 consists of wet forest ecosystem at 
Kam[amacr][revaps]ili near the east rift zone of K[imacr]lauea Volcano 
in the district of Puna. Lands within this section are entirely under 
State ownership managed by the State of Hawaii within the 
Keau[revaps]ohana Forest Reserve (see table 3, above). Section 15 is 
comprised of one unit: Unit 47, which is a newly proposed critical 
habitat unit depicted on Map 116. The State lands within this section 
are managed under the Three Mountain Alliance's Management Plan (TMA 
2007, entire). For general land use, threats, and special management 
considerations or protection measures to reduce or alleviate the 
threats within this section, see table 6, above (DLNR-DOFAW 2022, 
entire; TMA 2007, pp. 40-43).
    Section 15 is occupied by the plant Cyrtandra nanawaleensis and 
includes the wet forest, the moisture regime, and canopy, subcanopy, 
and understory native plant species identified as the physical or 
biological features in the wet forest ecosystem. There is no critical 
habitat for other endangered or threatened species within the section.

Cyrtandra nanawaleensis--Section 16

    Section 16 consists of wet forest ecosystem in P[amacr]hoa near the 
east rift zone of K[imacr]lauea Volcano in the district of Puna. Lands 
within this section include approximately 99 percent under State 
ownership and 1 percent in private/other ownership (see table 3, 
above). Section 16 is comprised of one unit: Unit 48, which is a newly 
proposed critical habitat unit depicted on Map 116. All State-owned 
lands in this section are managed by the State of Hawaii as part of the 
N[amacr]n[amacr]wale Forest Reserve, under the Three Mountain 
Alliance's Management Plan (TMA 2007, entire). For general land use, 
threats, and special management considerations or protection measures 
to reduce or alleviate the threats within this section, see table 6, 
above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).
    Section 16 is occupied by the plant Cyrtandra nanawaleensis and 
includes the wet forest, the moisture regime, and canopy, subcanopy, 
and understory native plant species identified as the physical or 
biological features in the wet forest ecosystem. There is no critical 
habitat for other endangered or threatened species within the section.

[[Page 18781]]

Cyrtandra nanawaleensis--Section 17

    Section 17 consists of wet and mesic forest and mesic grassland and 
shrubland ecosystems at Malama-K[imacr] near the east rift zone of 
K[imacr]lauea Volcano in the district of Puna. Lands within this 
section include approximately 99 percent under State ownership and 1 
percent in private/other ownership (see table 3, above). Section 17 is 
comprised of one unit: Unit 49, which is a newly proposed critical 
habitat unit depicted on Map 117. State-owned lands within this section 
are managed by the State of Hawaii within the Malama-K[imacr] Forest 
Reserve, under the Three Mountain Alliance's Management Plan (TMA 2007, 
entire). For general land use, threats, and special management 
considerations or protection measures to reduce or alleviate the 
threats within this section, see table 6, above (DLNR-DOFAW 2022, 
entire; TMA 2007, pp. 40-43).
    Section 17 is occupied by the plant Cyrtandra nanawaleensis and 
includes the wet forest, mesic forest, and mesic grassland and 
shrubland; the moisture regime; and canopy, subcanopy, and understory 
native plant species identified as the physical or biological features 
in the wet forest, mesic forest, and mesic grassland and shrubland 
ecosystems. There is no critical habitat for other endangered or 
threatened species within the section.

Cyrtandra nanawaleensis--Section 18

    Section 18 consists of wet and mesic forest and mesic grassland and 
shrubland ecosystems at Kapoho near the east rift zone of K[imacr]lauea 
Volcano in the district of Puna. Lands within this section include 
approximately 99 percent under State ownership and 1 percent in 
private/other ownership (see table 3, above). Section 18 is comprised 
of one unit: Unit 50, which is a newly proposed critical habitat unit 
depicted on Map 117. State-owned lands within this section are managed 
by the State of Hawaii within the N[amacr]n[amacr]wale Forest Reserve 
Halepua[revaps]a section, under the Three Mountain Alliance's 
Management Plan (TMA 2007, entire). For general land use, threats, and 
special management considerations or protection measures to reduce or 
alleviate the threats within this section, see table 6, above (DLNR-
DOFAW 2022, entire; TMA 2007, pp. 40-43).
    Section 18 is occupied by the plant Cyrtandra nanawaleensis and 
includes the wet forest, mesic forest, and mesic grassland and 
shrubland; the moisture regime; and canopy, subcanopy, and understory 
native plant species identified as the physical or biological features 
in the wet forest, mesic forest, and mesic grassland and shrubland 
ecosystems. There is no critical habitat for other endangered or 
threatened species within the section.

Schiedea hawaiiensis--Section 19

    Section 19 consists of dry forest ecosystems adjacent to the 
P[omacr]hakuloa Training Area in the saddle of Maunakea, Mauna Loa, and 
Hual[amacr]lai. Lands within this section are entirely in State 
ownership (see table 3, above). Proposed critical habitat for Section 
19 is entirely within proposed critical habitat Unit 55 depicted on Map 
122. The State-owned lands in this section include the Pu[revaps]u 
Anahulu Game Management Area and are managed under the Mauna Kea 
Watershed Management Plan (Stewart 2010, entire) and the Three Mountain 
Alliance Management Plan (TMA 2007, entire). For general land use, 
threats, and special management considerations or protection measures 
to reduce or alleviate the threats within this section, see table 6, 
above (DLNR-DOFAW 2015, entire; TMA 2007, pp. 51-55).
    Section 19 is not known to be occupied by Schiedea hawaiiensis, but 
this section includes the dry forest, the moisture regime, and canopy, 
subcanopy, and understory native plant species identified as the 
physical or biological features in the dry forest ecosystems. This 
section also provides an area for potential population establishment, 
which is essential for the conservation of Schiedea hawaiiensis because 
10 populations are identified as part of the recovery criteria, but 
only 1 wild population and 3 reintroduced populations are extant. 
Although Section 19 contains unoccupied habitat for Schiedea 
hawaiiensis, we have determined this area is essential for the 
conservation of this species because it (1) is habitat for this 
species, (2) provides at least one the physical or biological features 
essential for the conservation of this species, and (3) contributes to 
the area of habitat needed to reestablish wild populations within its 
range in support of recovery criteria. At least 10 populations, each 
with at least 500 reproducing individuals for, are necessary for 
recovery (Service 2022a, p. 43-44). Therefore, we are reasonably 
certain that this section will contribute to the conservation of this 
species and that this section contains one or more of the physical or 
biological features that are essential to the conservation of this 
species. Section 19 does not overlap with existing critical habitat for 
other listed species.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that any action they fund, authorize, or carry out 
is not likely to jeopardize the continued existence of any endangered 
species or threatened species or result in the destruction or adverse 
modification of designated critical habitat of such species. In 
addition, section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any agency action which is likely to 
jeopardize the continued existence of any species proposed to be listed 
under the Act or result in the destruction or adverse modification of 
proposed critical habitat.
    We published a final rule revising the definition of destruction or 
adverse modification on August 27, 2019 (84 FR 44976). Destruction or 
adverse modification means a direct or indirect alteration that 
appreciably diminishes the value of critical habitat as a whole for the 
conservation of a listed species.
    If a Federal action may affect a listed species or its critical 
habitat, the responsible Federal agency (action agency) must enter into 
consultation with us. Examples of actions that are subject to the 
section 7 consultation process are actions on State, Tribal, local, or 
private lands that require a Federal permit ((such as a permit from the 
U.S. Army Corps of Engineers under section 404 of the Clean Water Act 
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10 
of the Act)) or that involve some other Federal action (such as funding 
from the Federal Highway Administration, Federal Aviation 
Administration, or the Federal Emergency Management Agency). Federal 
actions not affecting listed species or critical habitat--and actions 
on State, Tribal, local, or private lands that are not federally 
funded, authorized, or carried out by a Federal agency--do not require 
section 7 consultation.
    Compliance with the requirements of section 7(a)(2) is documented 
through our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    (2) A biological opinion for Federal actions that may affect, and 
are likely to adversely affect, listed species or critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species and/or 
destroy or adversely modify critical habitat, we

[[Page 18782]]

provide reasonable and prudent alternatives to the project, if any are 
identifiable, that would avoid the likelihood of jeopardy and/or 
destruction or adverse modification of critical habitat. We define 
``reasonable and prudent alternatives'' (at 50 CFR 402.02) as 
alternative actions identified during consultation that:
    (1) Can be implemented in a manner consistent with the intended 
purpose of the action,
    (2) Can be implemented consistent with the scope of the Federal 
agency's legal authority and jurisdiction,
    (3) Are economically and technologically feasible, and
    (4) Would, in the Service Director's opinion, avoid the likelihood 
of jeopardizing the continued existence of the listed species and/or 
avoid the likelihood of destroying or adversely modifying critical 
habitat.
    Reasonable and prudent alternatives can vary from slight project 
modifications to extensive redesign or relocation of the project. Costs 
associated with implementing a reasonable and prudent alternative are 
similarly variable.
    Regulations at 50 CFR 402.16 set forth requirements for Federal 
agencies to reinitiate consultation on previously reviewed actions. 
These requirements apply when the Federal agency has retained 
discretionary involvement or control over the action (or the agency's 
discretionary involvement or control is authorized by law) and, 
subsequent to the previous consultation: (a) if the amount or extent of 
taking specified in the incidental take statement is exceeded; (b) if 
new information reveals effects of the action that may affect listed 
species or critical habitat in a manner or to an extent not previously 
considered; (c) if the identified action is subsequently modified in a 
manner that causes an effect to the listed species or critical habitat 
that was not considered in the biological opinion or written 
concurrence; or (d) if a new species is listed or critical habitat 
designated that may be affected by the identified action.
    In such situations, Federal agencies sometimes may need to request 
reinitiation of consultation with us, but Congress also enacted some 
exceptions in 2018 to the requirement to reinitiate consultation on 
certain land management plans on the basis of a new species listing or 
new designation of critical habitat that may be affected by the subject 
federal action. See 2018 Consolidated Appropriations Act, Public Law 
115-141, Div, O, 132 Stat. 1059 (2018).

Application of the ``Destruction or Adverse Modification'' Standard

    The key factor related to the destruction or adverse modification 
determination is whether implementation of the proposed Federal action 
directly or indirectly alters the designated critical habitat in a way 
that appreciably diminishes the value of the critical habitat as a 
whole for the conservation of the listed species. As discussed above, 
the role of critical habitat is to support physical or biological 
features essential to the conservation of a listed species and provide 
for the conservation of the species.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, activities involving a Federal action that may violate section 
7(a)(2) of the Act by destroying or adversely modifying such habitat, 
or that may be affected by such designation.
    Activities that the Service may, during a consultation under 
section 7(a)(2) of the Act, consider likely to destroy or adversely 
modify critical habitat include, but are not limited to, Federal 
actions that result in the removal or significant modification of 
designated critical habitat, or that would pose a risk of fire. Such 
activities could include, but are not limited to, military training 
activities with potential to cause wildland fires. We anticipate that 
most Federal activities that may cause effects to critical habitat will 
also cause effects to the listed species, and as such we will already 
be in consultation with the Federal agency as to whether or not the 
activity jeopardizes the listed species. The exception is the one area 
proposed for critical habitat designation that is presently unoccupied 
by any of the listed species, Section 19, which is proposed for 
designation for Schiedea hawaiiensis. There, as there is not already a 
section 7 consultation nexus, the effects of a Federal proposed action 
that could remove physical or biological features essential to the 
conservation of the species--specifically, the associated native plant 
genera that are part of a functioning ecosystem in which S. hawaiiensis 
occurs or has historically occurred--would trigger section 7(a)(2) 
consultation because of the critical habitat designation. Within 
occupied areas, we do not anticipate recommending any project 
modifications to avoid destruction or adverse modification of critical 
habitat that would be different from those for avoiding jeopardy.

Exemptions

Application of Section 4(a)(3) of the Act

    The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) 
required each military installation that includes land and water 
suitable for the conservation and management of natural resources to 
complete an integrated natural resources management plan (INRMP) by 
November 17, 2001. An INRMP integrates implementation of the military 
mission of the installation with stewardship of the natural resources 
found on the base. Each INRMP includes:
    (1) An assessment of the ecological needs on the installation, 
including the need to provide for the conservation of listed species;
    (2) A statement of goals and priorities;
    (3) A detailed description of management actions to be implemented 
to provide for these ecological needs; and
    (4) A monitoring and adaptive management plan.
    Among other things, each INRMP must, to the extent appropriate and 
applicable, provide for fish and wildlife management; fish and wildlife 
habitat enhancement or modification; wetland protection, enhancement, 
and restoration where necessary to support fish and wildlife; and 
enforcement of applicable natural resource laws.
    The National Defense Authorization Act for Fiscal Year 2004 (Pub. 
L. 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 
U.S.C. 1533(a)(3)(B)(i)) provides that the Secretary shall not 
designate as critical habitat any lands or other geographical areas 
owned or controlled by the Department of Defense (DoD), or designated 
for its use, that are subject to an INRMP prepared under section 101 of 
the Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing 
that such plan provides a benefit to the species for which critical 
habitat is proposed for designation.
    We consult with the military on the development and implementation 
of INRMPs for installations with listed species. Schiedea hawaiiensis 
is the only species with an INRMP located within the range of its 
proposed critical habitat designation. The following area is DoD lands 
with a completed, Service-approved INRMP within the proposed critical 
habitat designation.

[[Page 18783]]

Approved INRMPs

P[omacr]hakuloa Training Area, 132,193 ac (53,497 ha)
    P[omacr]hakuloa Training Area (PTA) is the sole installation under 
DoD jurisdiction on the island of Hawai[revaps]i. PTA is located in the 
north-central portion on the island of Hawai[revaps]i, west of the 
Humu[revaps]ula Saddle, in an area formed by the convergence of three 
volcanic mountains: Mauna Kea, Mauna Loa, and Hual[amacr]lai. The PTA 
INRMP provides for wildlife management and habitat enhancement for four 
federally listed animal species and 20 federally listed plant species, 
including Schiedea hawaiiensis, found within PTA (PTA 2020, entire).
    The current INRMP provides specific protections for S. hawaiiensis. 
Conservation actions to benefit S. hawaiiensis include collection and 
storage of seed from both wild and cultivated plants, propagation of 
plants from seed that are planted into suitable habitat off site, and 
quarterly monitoring of plants to gauge the efficacy of management 
actions. All known wild S. hawaiiensis individuals are protected in 
fenced enclosures and are monitored at least annually. Seeds from wild 
and propagated S. hawaiiensis plants have been collected and stored, 
and hundreds of propagated S. hawaiiensis individuals have been 
outplanted at PTA and in protected, off-site native habitats. With 
partnering agencies, PTA constructed 15 fenced units encompassing all 
known wild individuals of S. hawaiiensis in addition to other high-
priority species. Combined, these units protect roughly 37,300 ac 
(15,095 ha) of predominantly native forest from ungulates. Invasive 
plants and rodents are also managed within these areas. The INRMP 
incorporates recommendations made in a 2008 biological opinion to 
reduce fire risk. For example, wildland fires caused by military 
training activities are minimized by managing vegetation along a system 
of fuel breaks and by controlling invasive grasses, which function as 
fine fuels, in buffers around S. hawaiiensis and other listed species.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the PTA INRMP and that conservation efforts identified 
in the INRMP will provide a conservation benefit to S. hawaiiensis. 
Therefore, lands within this installation are exempt from critical 
habitat designation under section 4(a)(3) of the Act. We are not 
including approximately 22,730 ac (9,198 ha) of S. hawaiiensis habitat 
in this proposed critical habitat designation because of this 
exemption.

Consideration of Impacts Under Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that the Secretary shall 
designate and make revisions to critical habitat on the basis of the 
best available scientific data after taking into consideration the 
economic impact, national security impact, and any other relevant 
impact of specifying any particular area as critical habitat. The 
Secretary may exclude an area from designated critical habitat based on 
economic impacts, impacts on national security, or any other relevant 
impacts. Exclusion decisions are governed by the regulations at 50 CFR 
424.19 and the Policy Regarding Implementation of Section 4(b)(2) of 
the Endangered Species Act (hereafter, the ``2016 Policy''; 81 FR 7226, 
February 11, 2016), both of which were developed jointly with the 
National Marine Fisheries Service (NMFS). We also refer to a 2008 
Department of the Interior Solicitor's opinion entitled ``The 
Secretary's Authority to Exclude Areas from a Critical Habitat 
Designation under Section 4(b)(2) of the Endangered Species Act'' (M-
37016). In a final rule, we explain each decision to exclude areas, as 
well as decisions not to exclude, to demonstrate that the decision is 
reasonable. Below, we provide information on the areas we are 
considering for exclusion.
    In considering whether to exclude a particular area from the 
designation, we identify the benefits of including the area in the 
designation, identify the benefits of excluding the area from the 
designation, and evaluate whether the benefits of exclusion outweigh 
the benefits of inclusion. If the analysis indicates that the benefits 
of exclusion outweigh the benefits of inclusion, the Secretary may 
exercise discretion to exclude the area only if such exclusion would 
not result in the extinction of the species. In making the 
determination to exclude a particular area, the statute on its face, as 
well as the legislative history, are clear that the Secretary has broad 
discretion regarding which factor(s) to use and how much weight to give 
to any factor. We describe below the process that we are taking to 
consider each category of impacts and our analyses of the relevant 
impacts.

Consideration of Economic Impacts

    Section 4(b)(2) of the Act and its implementing regulations require 
that we consider the economic impact that may result from a designation 
of critical habitat. To assess the probable economic impacts of a 
designation, we must first evaluate specific land uses or activities 
and projects that may occur in the area of the critical habitat. We 
then must evaluate the impacts that a specific critical habitat 
designation may have on restricting or modifying specific land uses or 
activities for the benefit of the species and its habitat within the 
areas proposed. We then identify which conservation efforts may be the 
result of the species being listed under the Act versus those 
attributed solely to the designation of critical habitat for the 
particular species. The probable economic impact of a proposed critical 
habitat designation is analyzed by comparing scenarios both ``with 
critical habitat'' and ``without critical habitat.''
    The ``without critical habitat'' scenario represents the baseline 
for the analysis, which includes the existing regulatory and socio-
economic burden imposed on landowners, managers, or other resource 
users potentially affected by the designation of critical habitat 
(e.g., under the Federal listing as well as other Federal, State, and 
local regulations). Therefore, the baseline represents the costs of all 
efforts attributable to the listing of the species under the Act (i.e., 
conservation of the species and its habitat incurred regardless of 
whether critical habitat is designated). The ``with critical habitat'' 
scenario describes the incremental impacts associated specifically with 
the designation of critical habitat for the species. The incremental 
conservation efforts and associated impacts would not be expected 
without the designation of critical habitat for the species. In other 
words, the incremental costs are those attributable solely to the 
designation of critical habitat, above and beyond the baseline costs. 
These are the costs we use when evaluating the benefits of inclusion 
and exclusion of particular areas from the final designation of 
critical habitat should we choose to conduct a discretionary 4(b)(2) 
exclusion analysis.
    Executive Orders (E.O.s) 12866 and 13563 direct Federal agencies to 
assess the costs and benefits of available regulatory alternatives in 
quantitative (to the extent feasible) and qualitative terms. Consistent 
with the E.O. regulatory analysis requirements, our effects analysis 
under the Act may take into consideration impacts to both directly and 
indirectly affected entities, where practicable and reasonable. If 
sufficient data are available, we assess to the extent practicable the 
probable impacts to both directly and indirectly affected entities. 
Section 3(f) of E.O. 12866 identifies four criteria for when a 
regulation is considered a ``significant'' rulemaking, and requires 
additional

[[Page 18784]]

analysis, review, and approval if met. The criterion relevant here is 
whether the designation of critical habitat may have an economic effect 
of $100 million or more in any given year (section 3(f)(1)). Therefore, 
our consideration of economic impacts uses a screening analysis to 
assess whether a designation of critical habitat for the 12 
Hawai[revaps]i species is likely to exceed the economically significant 
threshold.
    For this particular designation, we developed an incremental 
effects memorandum (IEM) considering the probable incremental economic 
impacts that may result from this proposed designation of critical 
habitat. The information contained in our IEM was then used to develop 
a screening analysis of the probable effects of the designation of 
critical habitat for the 12 Hawai[revaps]i species (Industrial 
Economics, Incorporated 2022). We began by conducting a screening 
analysis of the proposed designation of critical habitat in order to 
focus our analysis on the key factors that are likely to result in 
incremental economic impacts. The purpose of the screening analysis is 
to filter out particular geographic areas of critical habitat that are 
already subject to such protections and are, therefore, unlikely to 
incur incremental economic impacts. In particular, the screening 
analysis considers baseline costs (i.e., absent critical habitat 
designation) and includes any probable incremental economic impacts 
where land and water use may already be subject to conservation plans, 
land management plans, best management practices, or regulations that 
protect the habitat area as a result of the Federal listing status of 
the species. Ultimately, the screening analysis allows us to focus our 
analysis on evaluating the specific areas or sectors that may incur 
probable incremental economic impacts as a result of the designation. 
The presence of the listed species in occupied areas of critical 
habitat means that any destruction or adverse modification of those 
areas is also likely to jeopardize the continued existence of the 
species. Therefore, designating occupied areas as critical habitat 
typically causes little if any incremental impacts above and beyond the 
impacts of listing the species. Therefore, the screening analysis 
focuses on areas of unoccupied critical habitat. If there are any 
unoccupied units in the proposed critical habitat designation, the 
screening analysis assesses whether any additional management or 
conservation efforts may incur incremental economic impacts. This 
screening analysis combined with the information contained in our IEM 
constitute what we consider to be our draft economic analysis (DEA) of 
the proposed critical habitat designation for the 12 Hawai[revaps]i 
Island species; our DEA is summarized in the narrative below.
    As part of our screening analysis, we considered the types of 
economic activities that are likely to occur within the areas likely 
affected by the critical habitat designation. In our evaluation of the 
probable incremental economic impacts that may result from the proposed 
designation of critical habitat for the 12 Hawai[revaps]i Island 
species, first we identified, in the IEM dated November 20, 2022, 
probable incremental economic impacts associated with conservation 
activities with a Federal nexus that aim to enhance survival or 
recovery of any of the 12 Hawai[revaps]i Island species. We considered 
the Federal involvement in these activities. Critical habitat 
designation generally will not affect activities that do not have any 
Federal involvement; under the Act, designation of critical habitat 
only affects activities conducted, funded, permitted, or authorized by 
Federal agencies. In areas where any of these 12 species are present, 
Federal agencies would be required to consult with the Service under 
section 7 of the Act on activities they fund, permit, or implement that 
may affect the species. If we also finalize this proposed critical 
habitat designation, Federal agencies would be required to consider the 
effects of their actions on the designated habitat, and if the Federal 
action may affect critical habitat, our consultations would include an 
evaluation of measures to avoid the destruction or adverse modification 
of critical habitat.
    In our IEM, we attempted to clarify the distinction between the 
effects that would result from the species being listed and those 
attributable to the critical habitat designation (i.e., difference 
between the jeopardy and adverse modification standards). The following 
specific circumstances in this case help to inform our evaluation: (1) 
The essential physical or biological features identified for critical 
habitat are the same features essential for the life requisites of the 
species, and (2) any actions that would likely adversely affect the 
essential physical or biological features of occupied critical habitat 
are also likely to adversely affect any one of the 12 Hawai[revaps]i 
Island species. The IEM outlines our rationale concerning this limited 
distinction between baseline conservation efforts and incremental 
impacts of the designation of critical habitat for these species. This 
evaluation of the incremental effects has been used as the basis to 
evaluate the probable incremental economic impacts of this proposed 
designation of critical habitat.
    The proposed critical habitat designation for the 12 Hawai[revaps]i 
Island species includes 20 distinct areas, subdivided into 40 units, 
totaling approximately 122,277 ac (49,484 ha). Lands within the 
designation are under Federal (26 percent), State (67 percent) and 
private/other (7 percent) ownership. All units except one were occupied 
by one or more species at the time of listing. The single proposed 
unoccupied unit (Schiedea hawaiiensis--Section 19) is not expected to 
result in incremental costs. We evaluated the proposed DoD activities 
in the PTA adjacent to this proposed unit and rendered a ``no 
jeopardy'' biological opinion (Service 2013, entire). That biological 
opinion included conservation measures that address the risk of 
wildland fires as a result of the Federal proposed action, and as such, 
we do not expect that the designation of Section 19 as critical habitat 
adjacent to the PTA will result in the need for additional conservation 
measures. Overall, the incremental costs of designating critical 
habitat for the 12 Hawai[revaps]i Island species are likely to be 
limited to additional administrative effort in conducting the adverse 
modification analysis. This additional administrative effort will be 
part of those section 7 consultations already required because of the 
Federal action's effects to listed species.
    The additional administrative effort associated with considering 
adverse modification during the section 7 consultation process was 
estimated using data regarding level of effort needed in past 
consultations, including efforts to provide technical assistance to 
Federal agencies short of requiring consultation, as well as efforts 
involving informal and formal consultation. We estimate up to six 
requests for technical assistance, one informal consultation, and two 
formal consultations annually over the next 10 years. The maximum 
annual cost associated with these consultations is estimated not to 
exceed $48,000 (2022 dollars). Therefore, the annual administrative 
burden is highly unlikely to exceed $100 million or be considered 
economically significant.
    In many instances, critical habitat designation is not likely to 
change our recommendation for project modification during future 
consultations. However, in some instances, we may recommend 
modifications associated specifically with minimizing adverse effects 
in order to avoid activities that may result in a

[[Page 18785]]

determination of destruction or adverse modification of critical 
habitat.
    For activities with a Federal nexus that would involve entry into 
critical habitat that is susceptible to rapid 
[revaps][omacr]hi[revaps]a death (ROD), we anticipate recommending 
disinfecting gear to limit the transmission of fungal pathogens 
associated with rapid [revaps][omacr]hi[revaps]a death and limiting 
access into pristine areas. ROD disinfecting protocols are part of best 
practices promoted by the Service and widely adopted by other agencies 
and conservation organizations. Therefore, the recommendations are 
unlikely to result in incremental costs because they are already part 
of standard protocols absent critical habitat.
    In unpredictable cases, a Federal agency may need to act in 
response to volcanic activity to save human lives and would 
subsequently consult with the Service under emergency consultation 
provisions. Under those circumstances, we may determine that the 
emergency response may adversely modify critical habitat and recommend 
restoration activities to address the damage to habitat that would not 
be undertaken absent critical habitat. If time allows, the Service may 
also be involved in designing the emergency response in order to 
consider the potential for effects on critical habitat, for example, 
for emergency access road placement. Data are not available to forecast 
costs associated with modifications to or restoration activities 
following emergency response efforts during volcanic activity. Even if 
historical costs were available, the incremental costs associated with 
any given emergency response activity are likely to vary widely and be 
highly fact- and context-specific.
    The probable incremental economic impacts of the critical habitat 
designations for the 12 Hawai[revaps]i Island species are expected to 
be limited to additional administrative effort as well as minor costs 
of conservation efforts resulting from a small number of future section 
7 consultations. This limited incremental economic impact is due to two 
factors: (1) A large portion (94 percent) of the proposed critical 
habitat is occupied by one or more of the 12 Hawai[revaps]i Island 
species, and incremental economic impacts of critical habitat 
designation, other than administrative costs, are unlikely; and (2) in 
proposed areas that are not occupied by the 12 Hawai[revaps]i Island 
species (6 percent), no actions are anticipated that would result in a 
need for section 7 consultation or associated project modifications. At 
approximately $30,000 or less per consultation, the burden resulting 
from the designation of critical habitat for the 12 Hawai[revaps]i 
Island species, based on the anticipated annual number of consultations 
and associated consultation costs, is not expected to exceed a total of 
$48,000 in most years, across all affected parties, including the 
Service and other Federal agencies, and any other involved party. These 
costs incorporate requests for technical assistance and informal and 
formal consultation. We are not aware of any State or local regulations 
that would add additional requirements to private activities as a 
result of the Federal designation of critical habitat. Thus, the annual 
administrative burden is low.
    Although we do not anticipate incremental costs outside of the 
section 7 consultation process, additional incremental costs may occur 
if landowners or buyers perceive that the designation of critical 
habitat will restrict land or water use activities in some way and, 
therefore, lower the value or use of the land. Although we acknowledge 
the potential for these types of speculation-based costs, the 
likelihood of these potential future effects is uncertain, and data 
with which to estimate incremental costs are unavailable. Similarly, 
there may be economic impacts associated with the perceived beneficial 
effects of critical habitat on land values. However, the likelihood and 
magnitude of those such effects are also uncertain.
    In summary, while the specific costs of critical habitat 
designation for the 12 Hawai[revaps]i Island species are subject to 
uncertainty, it is unlikely that if adopted as proposed, the rulemaking 
will generate costs exceeding $100 million in a single year. Therefore, 
this proposed rule is unlikely to meet the threshold for an 
economically significant rule, with regard to costs, under E.O. 12866.
    We are soliciting data and comments from the public on the DEA 
discussed above. During the development of a final designation, we will 
consider the information presented in the DEA and any additional 
information on economic impacts we receive during the public comment 
period to determine whether any specific areas should be excluded from 
the final critical habitat designation under authority of section 
4(b)(2), our implementing regulations at 50 CFR 424.19, and the 2016 
policy. We may exclude an area from critical habitat if we determine 
that the benefits of excluding the area outweigh the benefits of 
including the area, provided the exclusion will not result in the 
extinction of this species.

Consideration of National Security Impacts

    Section 4(a)(3)(B)(i) of the Act may not cover all DoD lands or 
areas that pose potential national-security concerns (e.g., a DoD 
installation that is in the process of revising its INRMP for a newly 
listed species or a species previously not covered). If a particular 
area is not covered under section 4(a)(3)(B)(i), then national-security 
or homeland-security concerns are not a factor in the process of 
determining what areas meet the definition of ``critical habitat.'' 
However, the Service must still consider impacts on national security, 
including homeland security, on those lands or areas not covered by 
section 4(a)(3)(B)(i) because section 4(b)(2) requires the Service to 
consider those impacts whenever it designates critical habitat. 
Accordingly, if DoD, Department of Homeland Security (DHS), or another 
Federal agency has requested exclusion based on an assertion of 
national-security or homeland-security concerns, or we have otherwise 
identified national-security or homeland-security impacts from 
designating particular areas as critical habitat, we generally have 
reason to consider excluding those areas.
    However, we cannot automatically exclude requested areas. When DoD, 
DHS, or another Federal agency requests exclusion from critical habitat 
on the basis of national-security or homeland-security impacts, we must 
conduct an exclusion analysis if the Federal requester provides 
information, including a reasonably specific justification of an 
incremental impact on national security that would result from the 
designation of that specific area as critical habitat. That 
justification could include demonstration of probable impacts, such as 
impacts to ongoing border-security patrols and surveillance activities, 
or a delay in training or facility construction, as a result of 
compliance with section 7(a)(2) of the Act. If the agency requesting 
the exclusion does not provide us with a reasonably specific 
justification, we will contact the agency to recommend that it provide 
a specific justification or clarification of its concerns relative to 
the probable incremental impact that could result from the designation. 
If we conduct an exclusion analysis because the agency provides a 
reasonably specific justification or because we decide to exercise the 
discretion to conduct an exclusion analysis, we will defer to the 
expert judgment of DoD, DHS, or another Federal agency as to: (1) 
Whether activities on its lands or waters, or its activities on other 
lands or

[[Page 18786]]

waters, have national-security or homeland-security implications; (2) 
the importance of those implications; and (3) the degree to which the 
cited implications would be adversely affected in the absence of an 
exclusion. In that circumstance, in conducting a discretionary section 
4(b)(2) exclusion analysis, we will give great weight to national-
security and homeland-security concerns in analyzing the benefits of 
exclusion.
    Under section 4(b)(2) of the Act, we also consider whether a 
national security or homeland security impact might exist on lands 
owned or managed by DoD or DHS. In preparing this proposal, we have 
determined that, other than the land exempted under section 
4(a)(3)(B)(i) of the Act based upon the existence of an approved INRMP 
(see Exemptions, above), the lands within the proposed designation of 
critical habitat for the 12 Hawai[revaps]i Island species are not owned 
or managed by DoD or DHS. Therefore, we anticipate no impact on 
national security or homeland security.

Consideration of Other Relevant Impacts

    Under section 4(b)(2) of the Act, we consider any other relevant 
impacts, in addition to economic impacts and impacts on national 
security discussed above. To identify other relevant impacts that may 
affect the exclusion analysis, we consider a number of factors, 
including whether there are permitted conservation plans covering the 
species in the area--such as habitat conservation plans (HCPs), safe 
harbor agreements (SHAs), or candidate conservation agreements with 
assurances (CCAAs)--or whether there are non-permitted conservation 
agreements and partnerships that may be impaired by designation of, or 
exclusion from, critical habitat. In addition, we look at whether 
Tribal conservation plans or partnerships, Tribal resources, or 
government-to-government relationships of the United States with Tribal 
entities may be affected by the designation; we consider whether 
applicable conservation plans or partnerships with the Native Hawaiian 
community may be affected by the designation. We also consider any 
State, local, social, or other impacts that might occur because of the 
designation.
    When analyzing other relevant impacts of including a particular 
area in a designation of critical habitat, we weigh those impacts 
relative to the conservation value of the particular area. To determine 
the conservation value of designating a particular area, we consider a 
number of factors, including, but not limited to, the additional 
regulatory benefits that the area would receive due to the protection 
from destruction or adverse modification as a result of actions with a 
Federal nexus, the educational benefits of mapping essential habitat 
for recovery of the listed species, and any benefits that may result 
from a designation due to State or Federal laws that may apply to 
critical habitat.
    In the case of the 12 Hawai[revaps]i Island species, the benefits 
of critical habitat include public awareness of the presence of these 
species and the importance of habitat protection, and, where a Federal 
nexus exists, increased habitat protection for these species due to 
protection from destruction or adverse modification of critical 
habitat. Continued implementation of an ongoing management plan that 
provides conservation equal to or more than the protections that result 
from a critical habitat designation would reduce those benefits of 
including that specific area in the critical habitat designation. After 
identifying the benefits of inclusion and the benefits of exclusion, we 
carefully weigh the two sides to evaluate whether the benefits of 
exclusion outweigh those of inclusion. If our analysis indicates that 
the benefits of exclusion outweigh the benefits of inclusion, we then 
determine whether exclusion would result in extinction of the species. 
If exclusion of an area from critical habitat will result in 
extinction, we will not exclude it from the designation.
Watershed Partnerships
    An important factor for our decision to consider an area for 
proposed exclusion is whether the landowner participates in a watershed 
partnership. In 2003, the State of Hawaii formally established the 
Hawai[revaps]i Association of Watershed Partnerships, which consists of 
more than 60 public and private landowners throughout the State, who 
are committed to long-term protection and conservation of watershed 
areas. These watershed partnerships each have a conservation management 
plan that is updated every several years to include measurable 
objectives and a budget. Financial support for the watershed 
partnerships include various long-term State funds and other Federal 
and private sources. Of the 10 watershed partnerships in operation, 3 
have lands within the proposed critical habitat designation: Kohala 
Watershed Alliance, Mauna Kea Watershed Alliance, and Three Mountain 
Alliance. These watershed partnerships fund and conduct conservation 
efforts, including ungulate control and removal, and invasive weed 
management, that support the 12 Hawai[revaps]i Island species.
Private or Other Non-Federal Conservation Plans Related to Permits 
Under Section 10 of the Act
    HCPs for incidental take permits under section 10(a)(1)(B) of the 
Act provide for partnerships with non-Federal entities to minimize and 
mitigate impacts to listed species and their habitats. In some cases, 
HCP permittees agree to do more for the conservation of the species and 
their habitats on private lands than designation of critical habitat 
would provide alone. We place great value on the partnerships that are 
developed during the preparation and implementation of HCPs.
    CCAAs and SHAs are voluntary agreements designed to conserve 
candidate and listed species, respectively, on non-Federal lands. In 
exchange for actions that contribute to the conservation of species on 
non-Federal lands, participating property owners are covered by an 
``enhancement of survival'' permit under section 10(a)(1)(A) of the 
Act, which authorizes incidental take of the covered species that may 
result from implementation of conservation actions, specific land uses, 
and, in the case of SHAs, the option to return to a baseline condition 
under the agreements. We also provide enrollees assurances that we will 
not impose further land-, water-, or resource-use restrictions, or 
require additional commitments of land, water, or finances, beyond 
those agreed to in the agreements.
    When we undertake a discretionary section 4(b)(2) exclusion 
analysis based on permitted conservation plans (such as CCAAs, SHAs, 
and HCPs), we anticipate consistently excluding such areas if 
incidental take caused by the activities in those areas is covered by 
the permit under section 10 of the Act and the CCAA/SHA/HCP meets all 
of the following three factors (see the 2016 Policy for additional 
details):
    a. The permittee is properly implementing the CCAA/SHA/HCP and is 
expected to continue to do so for the term of the agreement. A CCAA/
SHA/HCP is properly implemented if the permittee is and has been fully 
implementing the commitments and provisions in the CCAA/SHA/HCP, 
implementing agreement, and permit.
    b. The species for which critical habitat is being designated is a 
covered species in the CCAA/SHA/HCP, or very similar in its habitat 
requirements to a covered species. The recognition that the Services 
extend to such an agreement depends on the degree to

[[Page 18787]]

which the conservation measures undertaken in the CCAA/SHA/HCP would 
also protect the habitat features of the similar species.
    c. The CCAA/SHA/HCP specifically addresses that species' habitat 
and meets the conservation needs of the species in the planning area.
    The proposed critical habitat designation includes areas that are 
covered by a permitted plan providing for the conservation of the 12 
Hawai[revaps]i Island species, as discussed below.
    Safe Harbor Agreement Trustees of the Estate of Bernice P. Bishop, 
DBA Kamehameha Schools Keauhou and K[imacr]lauea Forest Lands 
Hawai[revaps]i Island, Hawai[revaps]i (Kamehameha Schools Keauhou and 
K[imacr]lauea Forest Lands Safe Harbor Agreement), June 2017--The 
permit holder for this SHA is Kamehameha Schools. Kamehameha Schools 
was established in 1887, through the will of Princess Bernice Pauahi 
Paki Bishop. Kamehameha Schools owns over 362,000 ac (146,496 ha) of 
land throughout Hawai[revaps]i, and part of Kamehameha Schools' mission 
is to protect Hawai[revaps]i's environment through recognition of the 
significant cultural value of this land and its unique flora and fauna. 
In 2017, the SHA was approved by the Service and Hawai[revaps]i 
Department of Land and Natural Resources for the Kamehameha School's 
Keauhou and K[imacr]lauea Forest lands, which comprise 32,280 ac 
(13,063 ha) on the east slope of Mauna Loa Volcano, on the island of 
Hawai[revaps]i. Under the SHA, koa (Acacia koa) tree silviculture will 
be conducted, including stand improvement through selective harvest and 
establishment of new or improvement of existing forest in formerly 
logged areas and degraded pasture lands (Kamehameha Schools 2017, pp. 
22-23). The conservation actions of Kamehameha Schools benefit habitat 
for Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae, and Drosophila digressa by promoting forest regeneration, 
which increases soil-water retention capacity and improves ecosystem 
resilience to drying climate conditions; controlling feral ungulates, 
which reduces trampling of and predation on these plants, including the 
host plants of Drosophila digressa; controlling weeds, which improves 
recruitment of native trees, including those that host Drosophila 
digressa; and taking actions that reduce the incidence of fire, which 
benefits forest habitat for these species by minimizing damage to that 
habitat by wildfire.
Non-Permitted Conservation Plans, Agreements, or Partnerships
    We sometimes exclude specific areas from critical habitat 
designations based in part on the existence of private or other non-
Federal conservation plans or agreements and their attendant 
partnerships. A conservation plan or agreement describes actions that 
are designed to provide for the conservation needs of a species and its 
habitat, and may include actions to reduce or mitigate negative effects 
on the species caused by activities on or adjacent to the area covered 
by the plan. Conservation plans or agreements can be developed by 
private entities with no Service involvement, or in partnership with 
the Service.
    Shown below is a non-exhaustive list of factors that we consider in 
evaluating how non-permitted plans or agreements affect the benefits of 
inclusion or exclusion. These are not required elements of plans or 
agreements. Rather, they are some of the factors we may consider, and 
not all of these factors apply to every plan or agreement.
    (i) The degree to which the record of the plan, or information 
provided by proponents of an exclusion, supports a conclusion that a 
critical habitat designation would impair the realization of the 
benefits expected from the plan, agreement, or partnership.
    (ii) The extent of public participation in the development of the 
conservation plan.
    (iii) The degree to which agency review and required determinations 
(e.g., State regulatory requirements) have been completed, as necessary 
and appropriate.
    (iv) Whether National Environmental Policy Act (NEPA; 42 U.S.C. 
4321 et seq.) compliance was required.
    (v) The demonstrated implementation and success of the chosen 
mechanism.
    (vi) The degree to which the plan or agreement provides for the 
conservation of the essential physical or biological features for the 
species.
    (vii) Whether there is a reasonable expectation that the 
conservation management strategies and actions contained in a 
management plan or agreement will be implemented.
    (viii) Whether the plan or agreement contains a monitoring program 
and adaptive management to ensure that the conservation measures are 
effective and can be modified in the future in response to new 
information.
    The proposed critical habitat designation includes areas that are 
covered by the following non-permitted management plans providing for 
the conservation of the 12 Hawai[revaps]i Island species:
    Kamehameha Schools [revaps][Amacr]ina Pauahi Natural Resources 
Management Program--Kamehameha Schools owns over 362,000 ac (146,496 
ha) of land throughout Hawai[revaps]i. Part of Kamehameha Schools' 
mission is to protect Hawai[revaps]i's environment through recognition 
of the significant cultural value of this land and its unique flora and 
fauna. Accordingly, Kamehameha Schools established a sustainable 
stewardship policy to guide the use of its lands through their 
[revaps][Amacr]ina Pauahi Natural Resources Management Program that 
includes the protection and conservation of natural resources, water 
resources, and ancestral places (Kamehameha Schools 2022, entire). 
Additionally, Kamehameha Schools is a member of the Mauna Kea Watershed 
Alliance and the Three Mountain Alliance. Between 2000 and 2015, 
Kamehameha Schools increased active stewardship of native ecosystems by 
over 35-fold, from 3,000 ac (1,124 ha) to 136,000 ac (55,037 ha); 
engaged in community collaborations to leverage external resources in 
support of culturally appropriate land stewardship; and developed and 
implemented its 2012 natural resource and cultural resource management 
plans representing Kamehameha Schools' responsibility to conduct 
prudent stewardship of the [revaps][amacr]ina (land). Kamehameha 
Schools manages some of its forested lands for income generation 
through sustainable koa and [revaps]iliahi or sandalwood (Santalum 
album) forestry and collaborates with county and other landowners in 
fire response planning to protect natural resources from fires. The 
conservation actions of Kamehameha Schools benefits habitat for Bidens 
hillebrandiana ssp. hillebrandiana, Cyanea tritomantha, Cyrtandra 
wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and 
Drosophila digressa by promoting forest regeneration, which increases 
soil-water retention capacity and improves ecosystem resilience to 
drying climate conditions; controlling feral ungulates, which reduces 
trampling of and predation on these plants, including the host plants 
of Drosophila digressa; and controlling weeds, which improves 
recruitment of native trees for all these species. Fire suppression 
under this program benefits the coastal forest habitat where Bidens 
hillebrandiana ssp. hillebrandiana occurs by minimizing damage to this 
habitat by wildfire.
    Mauna Kea Watershed Alliance--The Mauna Kea Watershed Alliance 
Watershed Partnership is a coalition of

[[Page 18788]]

private and public landowners and supporting agencies working to 
protect and restore watershed areas on Mauna Kea Volcano, 
Hawai[revaps]i (Mauna Kea Watershed Alliance 2022, entire). Lands that 
are managed by the Mauna Kea Watershed Alliance include over 500,000 ac 
(202,343 ha) on Mauna Kea Volcano on the island of Hawai[revaps]i. The 
Mauna Kea Watershed Alliance's shared vision is to protect and enhance 
watershed ecosystems, biodiversity, and natural resources through 
responsible management while promoting economic sustainability and 
providing recreational, subsistence, educational, and research 
opportunities. Staff of the Mauna Kea Watershed Alliance work 
cooperatively with members of the alliance to achieve this shared 
vision. Accordingly, fencing and ungulate control, control of 
introduced plants that are invasive, and reforestation efforts are 
conducted on lands within the Mauna Kea Watershed Alliance (Stewart 
2010, p. viii). Ungulate control benefits habitat for Cyanea 
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae and Drosophila digressa by reducing trampling of 
and predation on these plants, including the host plants of Drosophila 
digressa, leading to improved forest regeneration. Nonnative plant 
control improves recruitment of native trees, including host plants of 
Drosophila digressa, and reforestation provides greater areas of native 
plant associations that contribute to habitat and increases soil-water 
retention capacity, improving ecosystem resilience to drying climate 
conditions.
    Parker Ranch Sustainable Forestry Initiative--Parker Ranch was 
founded in 1847, and currently encompasses over 100,000 ac (40,469 ha) 
of land in the H[amacr]m[amacr]kua, North Kohala, and South Kohala 
Districts on Mauna Kea and the Kohala Mountains on the island of 
Hawai[revaps]i. Parker Ranch recognizes forest health as a key 
indicator of overall ecosystem health and, as result, announced in 2021 
that it is seeking to collaborate with public and private partners to 
develop sustainable forestry programs on its lands (Parker Ranch 2021, 
entire). In 2018, Parker Ranch also hired a forestry manager to 
sustainably manage their forest lands (Parker Ranch 2021, pers. comm.). 
For its Waipunalei lands on the east slope of Mauna Kea, Parker Ranch 
is developing a sustainable koa forestry program and is seeking to 
rehabilitate forest areas damaged by history of cattle grazing (Parker 
Ranch 2022, pers. comm.). For its Waiemi lands on the Kohala Mountains, 
Parker Ranch is providing essential access and support to the State 
Department of Land and Natural Resources for priority watershed 
projects in Pu[revaps]u o Umi Natural Area Reserve and is supporting 
erosion control efforts above Pelekane Bay (Parker Ranch 2021, entire). 
Additionally, Parker Ranch is a member of the Mauna Kea Watershed 
Alliance. Koa forestry benefits forest habitat used by Cyanea 
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa by establishing new or 
improved forest in formerly logged areas and degraded pasture lands, 
increasing soil-water retention capacity, and improving ecosystem 
resilience to drying climate conditions through control of feral 
ungulates and weed control that improves recruitment of native trees, 
including the host plants of Drosophila digressa.
    Kohala Watershed Partnership and the Kohala Mountain Watershed 
Management Plan, December 2007--The Kohala Watershed Partnership is a 
coalition of private and public landowners and supporting agencies 
whose goal is to show improvements in water and environmental quality 
by enabling comprehensive and sustainable watershed management projects 
that address the threats to the watershed, while maintaining its 
integrity and protecting its economic, socio-cultural, and ecological 
resources (Kohala Watershed Partnership [KWP] 2007, p. 3). Lands that 
are managed by Kohala Mountain Watershed Management Plan include 
approximately 68,000 ac (27,519 ha) of forest and grass lands on the 
windward and leeward slopes of the Kohala Volcano on the island of 
Hawai[revaps]i (KWP 2007, p. 3). Conservation measures of this plan 
benefit habitat for Bidens hillebrandiana ssp. hillebrandiana, Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae by 
promoting native forest and shrubland regeneration and increasing soil-
water retention capacity through control of feral ungulates and weed 
control that improves recruitment of native trees and shrubs. Wildfire 
management and response benefits coastal forest, forest, and shrubland 
habitats used by these species by minimizing damage to these habitats 
by fire (KWP 2007, pp. 62-82).
    Three Mountain Alliance Management Plan, December 31, 2007--The 
Three Mountain Alliance Watershed Partnership is a coalition of private 
and public landowners and supporting agencies that are working to 
protect and restore watershed areas on Hawai[revaps]i Island (Three 
Mountain Alliance Management Plan [TMA] 2007, entire). Lands that are 
managed by the Three Mountain Alliance are 1,116,300 ac (451,751 ha) on 
Mauna Loa, K[imacr]lauea, and Hual[amacr]lai Volcanoes or roughly 45 
percent of the island of Hawai[revaps]i. Project funding for the Three 
Mountain Alliance currently comes from Three Mountain Alliance members 
(primarily the Service, Hawai[revaps]i's Division of Forestry and 
Wildlife, and Kamehameha Schools) and outside grants. Other Three 
Mountain Alliance members provide in-kind services to accomplish 
priority projects, for example, inmate labor or sharing personnel and 
equipment (TMA 2007, p. 56). Management under the Three Mountain 
Alliance Management Plan includes the following conservation actions: 
(1) strategic fencing and removal of ungulates; (2) regular monitoring 
for ungulates after fencing; (3) monitoring of habitat recovery; (4) 
surveys for rare taxa prior to new fence installations; (5) invasive, 
nonnative plant control; (6) reestablishment of native plant species; 
and (7) activities to reduce the threat of wildfire. Ungulate control 
reduces damage to native forests, including to host plants of 
Drosophila digressa; control of nonnative, invasive plants and out-
planting of native plants, including host plants of Drosophila 
digressa, improves recruitment of native trees; and fire suppression 
activities reduce the damage from wildfires to habitats used by Cyanea 
marksii, Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa.
    The Nature Conservancy Forest Stewardship Management Plan for the 
Kona Hema Preserve--The Nature Conservancy Kona Hema Preserve was 
established in 1999, in the South Kona District of the island of 
Hawai[revaps]i and is comprised of 8,076 ac (3,268 ha) in four 
management units. The management program for Kona Hema Preserve is 
documented in The Nature Conservancy's Forest Stewardship Management 
Plan for the Kona Hema Preserve, which details management measures to 
protect, restore, and enhance rare plants and animals and their 
habitats within the preserve and in adjacent areas (The Nature 
Conservancy 2017, entire). Primary management goals for the Kona Hema 
Preserve are to: (1) prevent degradation of native forest

[[Page 18789]]

and shrubland by reducing feral ungulate damage; (2) improve or 
maintain the integrity of native ecosystems in selected areas of the 
preserve by reducing the effects of nonnative plants; (3) conduct small 
mammal control and reduce the negative impacts of small mammals where 
possible; (4) monitor and track the biological and physical resources 
in the preserve, evaluate changes in these resources over time, and 
encourage biological and environmental research; (5) prevent extinction 
of rare species in the preserve; (6) build public understanding and 
support for the preservation of natural areas, and enlist volunteer 
assistance for preserve management; and (7) protect the resources from 
fires in and around the preserve (Giffin 2017, pp. 25-45). The Nature 
Conservancy is also a member of the Three Mountain Alliance. The 
conservation actions of The Nature Conservancy's Kona Hema Preserve 
benefit habitat for Cyanea marksii, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae, and Drosophila digressa by improved forest regeneration 
through control of feral ungulates, weed control that improves 
recruitment of native trees, including host plants of Drosophila 
digressa, and small mammal control (particularly rats (Rattus spp.), 
which reduces the potential for seed predation by rats on those plant 
species). Wildfire management and response also benefits forest habitat 
for Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and Drosophila 
digressa by minimizing damage to these habitats by wildfire.
    After considering the factors described above, we have identified 
the areas that we have reason to consider excluding from the final 
designation of critical habitat because of non-permitted plans, 
agreements, or partnerships. Our consideration of an area for exclusion 
is based on all non-permitted plans, agreements, and/or partnerships 
for the area and the overall benefit these planning documents and 
associated conservation actions provide for the protection, 
maintenance, enhancement, and/or restoration of habitat for the 12 
Hawai[revaps]i Island species. In all cases, we are considering 
excluding areas from the final designation where private landowners are 
actively participating in the restoration or management of habitats 
essential to conservation of these species, allowing surveys or 
monitoring of these species and their habitats, or taking steps to 
protect and increase numbers of these species that occur on their 
properties.
    Specific benefits of conservation management and our rationale for 
considering exclusion are described below and summarized in table 7, 
below. Of the 40 proposed units, we are considering portions of six 
areas for exclusion under section 4(b)(2) of the Act, based on 
permitted and non-permitted plans and agreements. These areas total 
4,224 ac (1,710 ha). We welcome any information regarding planning 
documents or other information we may have overlooked pertaining to the 
areas we are considering for exclusion and areas we are not considering 
for exclusion. We will work with landowners throughout this proposed 
rule's public comment period (see DATES, above) and during development 
of the final designation of critical habitat for the 12 Hawai[revaps]i 
Island species. We seek comments on whether the existing management and 
conservation efforts of landowners meet our criteria for exclusion from 
the final designation under section 4(b)(2) of the Act.

                                            Table 7--Areas Considered for Exclusion by Critical Habitat Unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Area owned that is being
                                                                                              considered for exclusion          Associated plans and
        Plant section and unit              Drosophila unit              Landowner        --------------------------------           agreements
                                                                                                Acres         Hectares
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1, Unit 52...................  Unit 1..................  Kamehameha Schools......             155              63  Kamehameha Schools
                                                                                                                            [revaps][Amacr]ina Pauahi
                                                                                                                            Natural Resources Management
                                                                                                                            Program; Mauna Kea Watershed
                                                                                                                            Alliance; Mauna Kea
                                                                                                                            Watershed Management Plan,
                                                                                                                            April 2010.
Section 1, Unit 52...................  Unit 1..................  Parker Ranch Waipunalei,             402             163  Parker Ranch's Sustainable
                                                                  LLC.                                                      Forestry Initiative; Mauna
                                                                                                                            Kea Watershed Alliance.
Section 2, Unit 53...................  ........................  Kamehameha Schools......              33              13  Kamehameha Schools
                                                                                                                            [revaps][Amacr]ina Pauahi
                                                                                                                            Natural Resources Management
                                                                                                                            Program; Kohala Watershed
                                                                                                                            Partnership; Kohala Mountain
                                                                                                                            Watershed Management Plan,
                                                                                                                            December 2007.
Section 2, Unit 53...................  ........................  Laup[amacr]hoehoe Nui...             134              54  Kohala Watershed Partnership;
                                                                                                                            Kohala Mountain Watershed
                                                                                                                            Management Plan, December
                                                                                                                            2007.
Section 3, Unit 54...................  ........................  State Department of                   35              14  Kohala Watershed Partnership;
                                                                  Hawaiian Home Lands.                                      Kohala Mountain Watershed
                                                                                                                            Management Plan, December
                                                                                                                            2007.
Section 3, Unit 54...................  ........................  Kahua Ranch.............             604             245  Kohala Watershed Partnership;
                                                                                                                            Kohala Mountain Watershed
                                                                                                                            Management Plan, December
                                                                                                                            2007.
Section 3, Unit 54...................  ........................  Kamehameha Schools......             177              72  Kamehameha Schools
                                                                                                                            [revaps][Amacr]ina Pauahi
                                                                                                                            Natural Resources Management
                                                                                                                            Program; Kohala Watershed
                                                                                                                            Partnership; Kohala Mountain
                                                                                                                            Watershed Management Plan,
                                                                                                                            December 2007.
Section 3, Unit 54...................  ........................  Laup[amacr]hoehoe Nui...             134              54  Kohala Watershed Partnership;
                                                                                                                            Kohala Mountain Watershed
                                                                                                                            Management Plan, December
                                                                                                                            2007.

[[Page 18790]]

 
Section 3, Unit 54...................  ........................  Parker Ranch Waiemi, LLC             349             141  Parker Ranch's Sustainable
                                                                                                                            Forestry Initiative; Kohala
                                                                                                                            Mountain Watershed
                                                                                                                            Management Plan, December
                                                                                                                            2007.
Section 3, Unit 54...................  ........................  Queen Emma Foundation...             474             192  Kohala Watershed Partnership;
                                                                                                                            Kohala Mountain Watershed
                                                                                                                            Management Plan, December
                                                                                                                            2007.
Section 8, Unit 44...................  ........................  Kamehameha Schools......             649             263  Kamehameha Schools
                                                                                                                            [revaps][Amacr]ina Pauahi
                                                                                                                            Natural Resources Management
                                                                                                                            Program; Three Mountain
                                                                                                                            Alliance Management Plan,
                                                                                                                            December 31, 2007.
Section 11, Unit 51..................  Unit 2..................  Kamehameha Schools......              92              37  Kamehameha Schools
                                                                                                                            [revaps][Amacr]ina Pauahi
                                                                                                                            Natural Resources Management
                                                                                                                            Program; the Three Mountain
                                                                                                                            Alliance Management Plan,
                                                                                                                            December 31, 2007; Safe
                                                                                                                            Harbor Agreement Trustees of
                                                                                                                            the Estate of Bernice P.
                                                                                                                            Bishop, Kamehameha Schools
                                                                                                                            Keauhou and K[imacr]lauea
                                                                                                                            Forest Lands Safe Harbor
                                                                                                                            Agreement, June 2017.
Section 13, Unit 41..................  Unit 5..................  The Nature Conservancy..             986             399  Forest Stewardship Management
                                                                                                                            Plan for The Kona Hema
                                                                                                                            Preserve; Three Mountain
                                                                                                                            Alliance Management Plan,
                                                                                                                            December 31, 2007.
                                                                                          --------------------------------------------------------------
    Totals...........................  ........................  ........................           4,224           1,710  .............................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae--Section 1 and Drosophila digressa--Unit 1; 
Kamehameha Schools--The Kamehameha Schools own 155 ac (63 ha) of land 
included in the proposed designation for the plant species within 
Section 1 and Drosophila digressa--Unit 1. Conservation management 
activities on these lands include those associated with the Kamehameha 
Schools [revaps][Amacr]ina Pauahi Natural Resources Management Program, 
the Mauna Kea Watershed Alliance, and the Mauna Kea Watershed 
Management Plan, April 2010. For more information on the conservation 
actions of these groups and plans, see Kamehameha Schools 
[revaps][Amacr]ina Pauahi Natural Resources Management Program and 
Mauna Kea Watershed Alliance, above. As described above, the 
conservation actions of Kamehameha Schools benefit habitat for Cyanea 
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa.
    Based on Kamehameha Schools' management of its lands under the 
[revaps][Amacr]ina Pauahi Natural Resources Management Program; Mauna 
Kea Watershed Management Plan, April 2010; and Mauna Kea Watershed 
Alliance, we are considering excluding 155 ac (63 ha) of Kamehameha 
Schools lands within Section 1, Unit 52 and Drosophila digressa--Unit 1 
from the final designation.
    Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae--Section 1 and Drosophila digressa--Unit 1; 
Parker Ranch Waipunalei, LLC--Parker Ranch owns 950 ac (384 ha) of land 
included in the proposed designation for the plant species within 
Section 1, of which 402 ac (163 ha) are within newly proposed critical 
habitat unit 52 and Drosophila digressa--Unit 1. We are not considering 
for exclusion the remaining portions of the 950 ac (384 ha) because 
these lands overlap existing critical habitat units. Conservation 
management activities on these 402 acres include those associated with 
Parker Ranch's Sustainable Forestry Initiative and Mauna Kea Watershed 
Alliance. For more information on the conservation actions of these 
groups and their plans, see Parker Ranch's Sustainable Forestry 
Initiative and Mauna Kea Watershed Alliance, above. As described above, 
the conservation measures of Parker Ranch, through its Sustainable 
Forestry Initiative, benefit habitat for Cyanea tritomantha, Cyrtandra 
wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and 
Drosophila digressa.
    Based on Parker Ranch's management, Parker Ranch's Sustainable 
Forestry Initiative and participation in the Mauna Kea Watershed 
Alliance, we are considering excluding 402 acres of the Parker Ranch's 
lands within Section 1 and Drosophila digressa--Unit 1 from the final 
designation.
    Bidens hillebrandiana ssp. hillebrandiana--Section 2; Kamehameha 
Schools--The Kamehameha Schools owns 33 ac (13 ha) of land included in 
the proposed designation for Bidens hillebrandiana ssp. hillebrandiana 
within Section 2. Conservation management activities on these lands 
include those associated with the Kamehameha Schools [revaps][Amacr]ina 
Pauahi Natural Resources Management Program, Kohala Watershed 
Partnership, and the Kohala Mountain Watershed Management Plan, 
December 2007. For more information on the conservation actions of 
these groups and plans, see Kamehameha Schools [revaps][Amacr]ina 
Pauahi Natural Resources Management Program and Kohala Watershed 
Partnership and Kohala Mountain Watershed Management Plan, above. As 
described above, the conservation actions of Kamehameha Schools benefit 
habitat for Bidens hillebrandiana ssp. hillebrandiana.
    Based on Kamehameha Schools' management of its lands under the 
[revaps][Amacr]ina

[[Page 18791]]

Pauahi Natural Resources Management Program; Kohala Mountain Watershed 
Management Plan, December 2007; and Kohala Watershed Partnership, we 
are considering excluding Kamehameha Schools lands within Section 2 
from the final designation.
    Bidens hillebrandiana ssp. hillebrandiana--Section 2; 
Laup[amacr]hoehoe Nui, LLC--Laup[amacr]hoehoe Nui, LLC owns 134 ac (54 
ha) of land included in the proposed designation for Bidens 
hillebrandiana ssp. hillebrandiana within Section 2. Conservation 
management activities on these lands include those associated with the 
Kohala Watershed Partnership and the Kohala Mountain Watershed 
Management Plan, December 2007.
    Laup[amacr]hoehoe Nui, LLC, is a private corporation with a 
conservation land management purpose. Laup[amacr]hoehoe Nui, LLC, is a 
member of the Kohala Watershed Partnership. For more information on the 
conservation actions of the Kohala Watershed Partnership, see Kohala 
Watershed Partnership and the Kohala Mountain Watershed Management 
Plan, above. The conservation measures of Laup[amacr]hoehoe Nui, LLC, 
through the Kohala Mountain Watershed Management Plan benefit habitat 
used by Bidens hillebrandiana ssp. hillebrandiana as described above 
under Kohala Watershed Partnership and the Kohala Mountain Watershed 
Management Plan, December 2007.
    Based on Laup[amacr]hoehoe Nui, LLC's management of its lands under 
the Kohala Mountain Watershed Management Plan, December 2007, and the 
Kohala Watershed Partnership, we are considering excluding 
Laup[amacr]hoehoe Nui, LLC, lands within Section 2 from the final 
designation.
    Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 3; Department of Hawaiian Home Lands--The 
Department of Hawaiian Home Lands owns 35 ac (14 ha) of land included 
in the proposed designation for the plant species within Section 3. 
Conservation management activities on these lands include those under 
Kohala Watershed Partnership and the Kohala Mountain Watershed 
Management Plan, December 2007.
    The Department of Hawaiian Home Lands is a member of the Kohala 
Watershed Partnership. For more information on the conservation actions 
of the Kohala Watershed Partnership, see Kohala Watershed Partnership 
and the Kohala Mountain Watershed Management Plan, above. The 
conservation measures of the Department of Hawaiian Home Lands through 
the Kohala Mountain Watershed Management Plan benefit habitat used by 
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae as described above under Kohala Watershed Partnership and 
the Kohala Mountain Watershed Management Plan, December 2007.
    Based on the Department of Hawaiian Home Lands' management of its 
lands under the Kohala Mountain Watershed Management Plan, December 
2007, and the Kohala Watershed Partnership, we are considering 
excluding lands of the Department of Hawaiian Home Lands within Section 
3 from the final designation.
    Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 3; Kahua Ranch--Kahua Ranch owns 604 ac (245 ha) 
of land included in the proposed designation for the plant species 
within Section 3. Conservation management activities on these lands 
include those under Kohala Watershed Partnership and the Kohala 
Mountain Watershed Management Plan, December 2007.
    Founded in 1928 by Atherton Richards, Kahua Ranch focused on cattle 
ranching activities. In addition to cattle ranch farming, Kahua Ranch 
also engages in tourism, which includes all-terrain vehicle (ATV) 
riding, horseback riding, and renting facilities for events. Kahua 
Ranch is a member of the Kohala Watershed Partnership. For more 
information on the conservation actions of the Kohala Watershed 
Partnership, see Kohala Watershed Partnership and the Kohala Mountain 
Watershed Management Plan, December 2007, above. Kahua Ranch, Kohala 
Watershed Partnership, and volunteers established the 270 ac (109 ha) 
Pu[revaps]u Pili Biodiversity Preserve (The Kohala Center 2019, p. 3), 
which includes 262 ac (106 ha) of this area considered for exclusion. 
The conservation measures of Kahua Ranch through the Kohala Mountain 
Watershed Management Plan benefit habitat used by Cyanea tritomantha, 
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae as described 
above under Kohala Watershed Partnership and the Kohala Mountain 
Watershed Management Plan, December 2007.
    Based on the Kahua Ranch's management of its lands under the Kohala 
Mountain Watershed Management Plan, December 2007, and the Kohala 
Watershed Partnership, we are considering excluding Kahua Ranch lands 
within Section 3 from the final designation.
    Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 3; Kamehameha Schools--The Kamehameha Schools own 
177 ac (72 ha) of land included in the proposed designation for the 
plant species within Section 3. Conservation management activities on 
these lands include those associated with the Kamehameha Schools 
[revaps][Amacr]ina Pauahi Natural Resources Management Program, Kohala 
Watershed Partnership, and the Kohala Mountain Watershed Management 
Plan, December 2007. For more information on the conservation actions 
of these groups and plans, see Kamehameha Schools [revaps][Amacr]ina 
Pauahi Natural Resources Management Program and Kohala Watershed 
Partnership and the Kohala Mountain Watershed Management Plan, above. 
As described above, the conservation actions of Kamehameha Schools 
benefit habitat for Cyanea tritomantha, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae.
    Based on Kamehameha Schools' management of its lands under the 
[revaps][Amacr]ina Pauahi Natural Resources Management Program; Kohala 
Mountain Watershed Management Plan, December 2007; and Kohala Watershed 
Partnership, we are considering excluding Kamehameha Schools lands 
within Section 3 from the final designation.
    Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 3; Laup[amacr]hoehoe Nui, LLC--Laup[amacr]hoehoe 
Nui, LLC, owns 134 ac (54 ha) of land included in the proposed 
designation for the plant species within Section 3. Conservation 
management activities on these lands include those associated with the 
Kohala Watershed Partnership and the Kohala Mountain Watershed 
Management Plan, December 2007.
    Laup[amacr]hoehoe Nui, LLC, is a private corporation with a 
conservation land management purpose. Laup[amacr]hoehoe Nui, LLC, is a 
member of the Kohala Watershed Partnership. For more information on the 
conservation actions of these groups and their plans, see Kohala 
Watershed Partnership and the Kohala Mountain Watershed Management 
Plan, December 2007, above. Laup[amacr]hoehoe Nui, LLC, and the Kohala 
Watershed Partnership protected 2,000 ac (809 ha) at Upper 
Laup[amacr]hoehoe Nui Watershed Reserve, which includes

[[Page 18792]]

important aquifer recharge areas on Kohala Mountain, globally rare 
montane bog ecosystems, seabird nesting areas, and rare and endangered 
native plants (The Kohala Center 2019, p. 3); all 134 ac (54 ha) of 
this considered exclusion are within this protected area. The 
conservation measures of Laup[amacr]hoehoe Nui, LLC, through the Kohala 
Mountain Watershed Management Plan benefit habitat for Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae as 
described above under Kohala Watershed Partnership and the Kohala 
Mountain Watershed Management Plan.
    Based on Laup[amacr]hoehoe Nui, LLC's management of its lands under 
the Kohala Mountain Watershed Management Plan, December 2007, and the 
Kohala Watershed Partnership, we are considering excluding 
Laup[amacr]hoehoe Nui, LLC, lands within Section 3 from the final 
designation.
    Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 3; Parker Ranch Waiemi, LLC--Parker Ranch owns 349 
ac (141 ha) of land included in the proposed designation for the plant 
species within Section 3. Conservation management activities on these 
lands include those associated with Parker Ranch's Sustainable Forestry 
Initiative and the Kohala Mountain Watershed Management Plan, December 
2007. For more information on the conservation actions of these groups 
and their plans, see Parker Ranch Sustainable Forestry Initiative and 
Kohala Watershed Partnership and the Kohala Mountain Watershed 
Management Plan, above.
    Parker Ranch provides essential access and support to the State 
Department of Land and Natural Resources to install and maintain 
priority watershed projects in Pu[revaps]u o Umi Natural Area Reserve. 
The conservation measures of Parker Ranch through its Sustainable 
Forestry Initiative benefit habitat for Cyanea tritomantha, Melicope 
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea 
diffusa ssp. macraei, and Stenogyne cranwelliae as described above 
under Parker Ranch Sustainable Forestry Initiative and Kohala Watershed 
Partnership and the Kohala Mountain Watershed Management Plan.
    Based on Parker Ranch's management, Parker Ranch's Sustainable 
Forestry Initiative, and their participation in the Kohala Watershed 
Partnership, we are considering excluding Parker Ranch's lands within 
Section 3 from the final designation.
    Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 3; Queen Emma Foundation--The Queen Emma 
Foundation owns 474 ac (192 ha) of land included in the proposed 
designation for the plant species within Section 3. Conservation 
management activities on these lands include those under Kohala 
Watershed Partnership and the Kohala Mountain Watershed Management 
Plan, December 2007.
    The Queen Emma Foundation is a nonprofit subsidiary of The Queen's 
Health Systems and manages more than 12,000 ac (4,856 ha) on the 
islands of O[revaps]ahu and Hawai[revaps]i. The lands were handed down 
in trust by the Queen upon her death in 1885. The Queen Emma Foundation 
is a member of the Kohala Watershed Partnership. For more information 
on the conservation actions of the Kohala Watershed Partnership, see 
Kohala Watershed Partnership and the Kohala Mountain Watershed Plan, 
December 2007, above. The Queen Emma Foundation and Kohala Watershed 
Partnership implemented the Pelekane Bay Watershed Restoration Project 
on approximately 2,300 ac (930 ha) of Queen Emma Foundation lands, of 
which approximately 100 ac (40 ha) are within the area of this 
considered exclusion. The conservation measures of the Queen Emma 
Foundation through the Kohala Watershed Partnership benefit habitat 
used by Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae as described above under Kohala Watershed Partnership and 
the Kohala Mountain Watershed Management Plan, December 2007.
    Based on the Queen Emma Foundation's management of its lands under 
the Kohala Mountain Watershed Management Plan, December 2007, and the 
Kohala Watershed Partnership, we are considering excluding Queen Emma 
Foundation lands within Section 3 from the final designation.
    Cyanea tritomantha, Cyrtandra wagneri, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 8; 
Kamehameha Schools--The Kamehameha Schools own 649 ac (263 ha) of land 
included in the proposed designation for the plant species within 
Section 8. Conservation management activities on these lands include 
those associated with the Kamehameha Schools [revaps][Amacr]ina Pauahi 
Natural Resources Management Program and the Three Mountain Alliance 
Management Plan, December 31, 2007. For more information on the 
conservation actions of these groups and their plans, see Kamehameha 
Schools [revaps][Amacr]ina Pauahi Natural Resources Management Program 
and the Three Mountain Alliance Management Plan, December 31, 2007, 
above. As described above, the conservation actions of Kamehameha 
Schools benefit habitat for Cyanea tritomantha, Cyrtandra wagneri, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae.
    Based on Kamehameha Schools' management of its lands under the 
[revaps][Amacr]ina Pauahi Natural Resources Management Program; Three 
Mountain Alliance Management Plan, December 31, 2007; and Three 
Mountain Alliance membership, we are considering excluding Kamehameha 
Schools lands within Section 8 from the final designation.
    Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 11 and Drosophila digressa--Unit 2; Kamehameha 
Schools--The Kamehameha Schools own 92 ac (37 ha) of land included in 
the proposed designation the plant species within Section 11 and 
Drosophila digressa--Unit 2. Conservation management activities on 
these lands include those associated with the Kamehameha Schools 
[revaps][Amacr]ina Pauahi Natural Resources Management Program; the 
Three Mountain Alliance Management Plan, December 31, 2007; and the 
Safe Harbor Agreement Trustees of the Estate of Bernice P. Bishop, DBA 
Kamehameha Schools Keauhou and K[imacr]lauea Forest Lands 
Hawai[revaps]i Island, Hawai[revaps]i (Kamehameha Schools Keauhou and 
K[imacr]lauea Forest Lands Safe Harbor Agreement), June 2017. For more 
information on the conservation actions of these groups and plans, see 
Kamehameha Schools [revaps][Amacr]ina Pauahi Natural Resources 
Management Program; Three Mountain Alliance Management Plan, December 
31, 2007; and Safe Harbor Agreement Trustees of the Estate of Bernice 
P. Bishop, DBA Kamehameha Schools Keauhou and K[imacr]lauea Forest 
Lands Hawai[revaps]i Island, Hawai[revaps]i (Kamehameha Schools Keauhou 
and K[imacr]lauea Forest Lands Safe Harbor Agreement), June 2017, 
above. As described above, the conservation actions of Kamehameha 
Schools benefit habitat for Cyanea tritomantha, Cyrtandra wagneri, 
Phyllostegia floribunda, Pittosporum hawaiiense,

[[Page 18793]]

Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and Drosophila 
digressa.
    Based on Kamehameha Schools' management of its lands under the 
[revaps][Amacr]ina Pauahi Natural Resources Management Program; Three 
Mountain Alliance Management Plan, December 31, 2007; and Kamehameha 
Schools Keauhou and K[imacr]lauea Forest Lands Safe Harbor Agreement, 
we are considering excluding Kamehameha Schools lands within Section 11 
and Drosophila digressa--Unit 2 from the final designation.
    Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 13 and 
Drosophila digressa--Unit 5; The Nature Conservancy--The Nature 
Conservancy owns 986 ac (399 ha) of land included in the proposed 
designation for the plant species within Section 13 and Drosophila 
digressa--Unit 5. Conservation management activities on these lands 
include those associated with the Forest Stewardship Management Plan 
for The Kona Hema Preserve and the Three Mountain Alliance Management 
Plan, December 31, 2007. For more information on the conservation 
actions of these groups and their plans, see The Nature Conservancy 
Forest Stewardship Management Plan for the Kona Hema Preserve and Three 
Mountain Alliance Management Plan, December 31, 2007, above. As 
described above, the conservation actions of The Nature Conservancy's 
Kona Hema Preserve benefit habitat for Cyanea marksii, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa.
    Based on The Nature Conservancy's management of the Kona Hema 
Preserve under the Forest Stewardship Management Plan for The Kona Hema 
Preserve and the Three Mountain Alliance Management Plan, December 31, 
2007, we are considering excluding The Nature Conservancy's Kona Hema 
Preserve lands within Section 13 and Drosophila digressa--Unit 5 from 
the final designation.
    We will continue to work with all entities identified above 
throughout this proposed rule's public comment period (see DATES, 
above) and during development of the final designation of critical 
habitat for the 12 species. We are currently seeking comment on whether 
the existing management and conservation efforts of each area 
identified above meet our criteria for exclusion from the final 
designation under section 4(b)(2) of the Act.

Summary of Exclusions Considered Under Section 4(b)(2) of the Act

    In conclusion, we have reason to consider excluding the areas 
described in table 7, above, under section 4(b)(2) of the Act from the 
final critical habitat designation for the 12 species based on other 
relevant impacts.
    We specifically solicit comments on the inclusion or exclusion of 
such areas. However, if through this proposed rule's public comment 
period we receive information that we determine indicates that there 
are potential economic, national security, or other relevant impacts 
from designating particular areas as critical habitat, then as part of 
developing the final designation of critical habitat, we will evaluate 
that information and may conduct a discretionary exclusion analysis to 
determine whether to exclude those areas under the authority of section 
4(b)(2) of the Act and our implementing regulations at 50 CFR 424.19. 
If we receive a request for exclusion of a particular area and after 
evaluation of supporting information we do not exclude, we will fully 
describe our decision in the final rule for this action.

Required Determinations

Clarity of the Rule

    We are required by Executive Orders (E.O.s) 12866 and 12988 and by 
the Presidential Memorandum of June 1, 1998, to write all rules in 
plain language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The Executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this proposed rule in a manner 
consistent with these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis that describes the effects of the rule on small entities 
(i.e., small businesses, small organizations, and small government 
jurisdictions). However, no regulatory flexibility analysis is required 
if the head of the agency certifies the rule will not have a 
significant economic impact on a substantial number of small entities. 
The SBREFA amended the RFA to require Federal agencies to provide a 
certification statement of the factual basis for certifying that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    According to the Small Business Administration, small entities 
include small organizations such as independent nonprofit 
organizations; small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents; and small businesses (13 CFR 121.201). Small businesses 
include manufacturing and mining concerns with fewer than 500 
employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual

[[Page 18794]]

sales less than $750,000. To determine whether potential economic 
impacts to these small entities are significant, we considered the 
types of activities that might trigger regulatory impacts under this 
designation as well as types of project modifications that may result. 
In general, the term ``significant economic impact'' is meant to apply 
to a typical small business firm's business operations.
    Under the RFA, as amended, and as understood in light of recent 
court decisions, Federal agencies are required to evaluate the 
potential incremental impacts of rulemaking on those entities directly 
regulated by the rulemaking itself; in other words, the RFA does not 
require agencies to evaluate the potential impacts to indirectly 
regulated entities. The regulatory mechanism through which critical 
habitat protections are realized is section 7 of the Act, which 
requires Federal agencies, in consultation with the Service, to ensure 
that any action authorized, funded, or carried out by the agency is not 
likely to destroy or adversely modify critical habitat. Therefore, 
under section 7, only Federal action agencies are directly subject to 
the specific regulatory requirement (avoiding destruction and adverse 
modification) imposed by critical habitat designation. Consequently, it 
is our position that only Federal action agencies would be directly 
regulated if we adopt the proposed critical habitat designation. The 
RFA does not require evaluation of the potential impacts to entities 
not directly regulated. Moreover, Federal agencies are not small 
entities. Therefore, because no small entities would be directly 
regulated by this rulemaking, the Service certifies that, if made final 
as proposed, the proposed critical habitat designation will not have a 
significant economic impact on a substantial number of small entities.
    In summary, we have considered whether the proposed designation 
would result in a significant economic impact on a substantial number 
of small entities. For the above reasons and based on currently 
available information, we certify that, if made final, the proposed 
critical habitat designation would not have a significant economic 
impact on a substantial number of small business entities. Therefore, 
an initial regulatory flexibility analysis is not required.

Energy Supply, Distribution, or Use--Executive Order 13211

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare statements of energy effects when undertaking 
certain actions. In our draft economic analysis, we did not find that 
this proposed critical habitat designation would significantly affect 
energy supplies, distribution, or use. The proposed critical habitat 
units are in remote wilderness areas that are not used for energy 
generation. Therefore, this action is not a significant energy action, 
and no Statement of Energy Effects is required.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make the following finding:
    (1) This proposed rule would not produce a Federal mandate. In 
general, a Federal mandate is a provision in legislation, statute, or 
regulation that would impose an enforceable duty upon State, local, or 
Tribal governments, or the private sector, and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or Tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and Tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding,'' and the State, local, or Tribal 
governments ``lack authority'' to adjust accordingly. At the time of 
enactment, these entitlement programs were: Medicaid; Aid to Families 
with Dependent Children work programs; Child Nutrition; Food Stamps; 
Social Services Block Grants; Vocational Rehabilitation State Grants; 
Foster Care, Adoption Assistance, and Independent Living; Family 
Support Welfare Services; and Child Support Enforcement. ``Federal 
private sector mandate'' includes a regulation that ``would impose an 
enforceable duty upon the private sector, except (i) a condition of 
Federal assistance or (ii) a duty arising from participation in a 
voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal Government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions are not likely to destroy or adversely modify 
critical habitat under section 7. While non-Federal entities that 
receive Federal funding, assistance, or permits, or that otherwise 
require approval or authorization from a Federal agency for an action, 
may be indirectly impacted by the designation of critical habitat, the 
legally binding duty to avoid destruction or adverse modification of 
critical habitat rests squarely on the Federal agency. Furthermore, to 
the extent that non-Federal entities are indirectly impacted because 
they receive Federal assistance or participate in a voluntary Federal 
aid program, the Unfunded Mandates Reform Act would not apply, nor 
would critical habitat shift the costs of the large entitlement 
programs listed above onto State governments.
    (2) We do not believe that this proposed rule would significantly 
or uniquely affect small governments. Small governments would be 
affected only to the extent that any programs having Federal funds, 
permits, or other authorized activities must ensure that their actions 
will not adversely affect the critical habitat. Therefore, a Small 
Government Agency Plan is not required.

Takings--Executive Order 12630

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), we have 
analyzed the potential takings implications of designating critical 
habitat for the 12 Hawai[revaps]i Island species in a takings 
implications assessment. The Act does not authorize the Service to 
regulate private actions on private lands or confiscate private 
property as a result of critical habitat designation. Designation of 
critical habitat does not affect land ownership, or establish any 
closures, or restrictions on use of or access to the designated areas. 
Furthermore, the designation of critical habitat does not affect 
landowner actions that do not require Federal funding or permits, nor 
does it preclude development of habitat conservation programs or 
issuance of incidental take permits to permit actions that do require 
Federal funding or permits to go forward. However, Federal agencies are 
prohibited from carrying out, funding, or authorizing actions that 
would destroy or adversely modify critical habitat. A takings 
implications assessment has been completed for the proposed designation 
of critical habitat for 12 Hawai[revaps]i Island species, and it 
concludes that, if adopted, this

[[Page 18795]]

designation of critical habitat does not pose significant takings 
implications for lands within or affected by the designation.

Federalism--Executive Order 13132

    In accordance with E.O. 13132 (Federalism), this proposed rule does 
not have significant federalism effects. A federalism summary impact 
statement is not required. In keeping with Department of the Interior 
and Department of Commerce policy, we requested information from, and 
coordinated development of this proposed critical habitat designation 
with, appropriate State resource agencies. From a federalism 
perspective, the designation of critical habitat directly affects only 
the responsibilities of Federal agencies. The Act imposes no other 
duties with respect to critical habitat, either for States and local 
governments, or for anyone else. As a result, the proposed rule does 
not have substantial direct effects either on the States, or on the 
relationship between the Federal government and the States, or on the 
distribution of powers and responsibilities among the various levels of 
government. The proposed designation may have some benefit to these 
governments because the areas that contain the features essential to 
the conservation of the species are more clearly defined, and the 
physical or biological features of the habitat necessary for the 
conservation of the species are specifically identified. This 
information does not alter where and what federally sponsored 
activities may occur. However, it may assist State and local 
governments in long-range planning because they no longer have to wait 
for case-by-case section 7 consultations to occur.
    Where State and local governments require approval or authorization 
from a Federal agency for actions that may affect critical habitat, 
consultation under section 7(a)(2) of the Act would be required. While 
non-Federal entities that receive Federal funding, assistance, or 
permits, or that otherwise require approval or authorization from a 
Federal agency for an action, may be indirectly impacted by the 
designation of critical habitat, the legally binding duty to avoid 
destruction or adverse modification of critical habitat rests squarely 
on the Federal agency.

Civil Justice Reform--Executive Order 12988

    In accordance with E.O. 12988 (Civil Justice Reform), the Office of 
the Solicitor has determined that the proposed rule would not unduly 
burden the judicial system and that it meets the requirements of 
sections 3(a) and 3(b)(2) of the Order. We have proposed designating 
critical habitat in accordance with the provisions of the Act. To 
assist the public in understanding the habitat needs of the species, 
this proposed rule identifies the physical or biological features 
essential to the conservation of the species. The proposed areas of 
critical habitat are presented on maps, and the proposed rule provides 
several options for the interested public to obtain more detailed 
location information, if desired.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not 
required. We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    Regulations adopted pursuant to section 4(a) of the Act are exempt 
from the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) and do not require an environmental analysis under NEPA. We 
published a notice outlining our reasons for this determination in the 
Federal Register on October 25, 1983 (48 FR 49244). This includes 
listing, delisting, and reclassification rules, as well as critical 
habitat designations. In a line of cases starting with Douglas County 
v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), the courts have upheld this 
position.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994 
(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951), E.O. 13175 (Consultation and Coordination 
with Indian Tribal Governments), and the Department of the Interior's 
manual at 512 DM 2, we readily acknowledge our responsibility to 
communicate meaningfully with federally-recognized Tribes on a 
government-to-government basis. In accordance with Secretarial Order 
3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal 
Trust Responsibilities, and the Endangered Species Act), we readily 
acknowledge our responsibilities to work directly with Tribes in 
developing programs for healthy ecosystems, to acknowledge that Tribal 
lands are not subject to the same controls as Federal public lands, to 
remain sensitive to Indian culture, and to make information available 
to Tribes. We have determined that no Tribal lands fall within the 
boundaries of the proposed critical habitat for the 12 Hawai[revaps]i 
Island species, so no Tribal lands would be affected by the proposed 
designation.

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at https://www.regulations.gov and upon request from 
the Pacific Islands Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Fish and Wildlife Service's Species Assessment Team and the Pacific 
Islands Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Plants, 
Reporting and recordkeeping requirements, Transportation, Wildlife.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.

0
2. In Sec.  17.11, in paragraph (h), amend the table ``List of 
Endangered and Threatened Wildlife'' by revising the entry for ``Fly, 
Hawaiian picture-wing'' (Drosophila digressa) under Insects to read as 
follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 18796]]



----------------------------------------------------------------------------------------------------------------
                                                                                           Listing citations and
          Common name             Scientific name      Where listed          Status          applicable rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                                     Insects
 
                                                  * * * * * * *
Fly, Hawaiian picture-wing.....  Drosophila         Wherever found...  E................  78 FR 64638, 10/29/
                                  digressa.                                                2013;
                                                                                          50 CFR 17.95(i).\CH\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. In Sec.  17.12, in paragraph (h), amend the table ``List of 
Endangered and Threatened Plants'' by revising the entries for ``Bidens 
hillebrandiana ssp. hillebrandiana'', ``Cyanea marksii'', ``Cyanea 
tritomantha'', ``Cyrtandra nanawaleensis'', ``Cyrtandra wagneri'', 
``Melicope remyi'' (as added February 2, 2023, at 88 FR 7134, and 
effective May 3, 2023), ``Phyllostegia floribunda'', ``Pittosporum 
hawaiiense'', ``Schiedea diffusa ssp. macraei'', ``Schiedea 
hawaiiensis'', and ``Stenogyne cranwelliae'' under Flowering Plants to 
read as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Listing citations and
        Scientific name             Common name        Where listed          Status          applicable rules
----------------------------------------------------------------------------------------------------------------
        Flowering Plants
 
                                                  * * * * * * *
Bidens hillebrandiana ssp.       Kookoolau........  Wherever found...  E................  78 FR 64638, 10/29/
 hillebrandiana.                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Cyanea marksii.................  Haha.............  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Cyanea tritomantha.............  Aku..............  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Cyrtandra nanawaleensis........  Haiwale..........  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Cyrtandra wagneri..............  Haiwale..........  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Melicope remyi.................  No common name...  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Phyllostegia floribunda........  No common name...  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Pittosporum hawaiiense.........  Hoawa, haawa.....  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Schiedea diffusa ssp. macraei..  No common name...  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Schiedea hawaiiensis...........  Maolioli.........  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Stenogyne cranwelliae..........  No common name...  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 18797]]

0
4. In Sec.  17.95, amend paragraph (i) by adding an entry for 
``Hawaiian picture-wing fly (Drosophila digressa)'', following the 
entry for ``Hawaiian picture-wing fly (Drosophila differens)'' to read 
as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (i) * * *
    Hawaiian picture-wing fly (Drosophila digressa)
    (1) Critical habitat units are depicted for Hawaii County, Hawaii, 
on the maps in this entry.
    (2) Within these areas, the physical or biological features 
essential to the conservation of Hawaiian picture-wing fly consist of 
the following components:
    (i) In units 1, 2, 5, 6, 7, 8, and 9, the physical or biological 
features essential to the conservation of Hawaiian picture-wing fly, 
which are the features of the wet forest ecosystem, are:
    (A) Elevation of less than 7,300 feet (ft) (2,225 meters (m)).
    (B) Annual precipitation that is greater than 98 inches (in) (250 
centimeters (cm)).
    (C) Substrate of very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, or developed soils.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
    (ii) In unit 3, the physical or biological features essential to 
the conservation of Hawaiian picture-wing fly, which are features of 
both the wet forest ecosystem and the mesic forest ecosystem, are the 
physical and biological features described in paragraph (2)(i)(A) 
through (F) of this entry for units 1, 2, 5, 6, 7, 8, and 9, and in 
paragraph (2)(iii)(A) through (F) of this entry for unit 4.
    (iii) In unit 4, the physical or biological features essential to 
the conservation of Hawaiian picture-wing fly, which are features of 
the mesic forest ecosystem, are:
    (A) Elevation of less than 6,600 ft (2,000 m).
    (B) Annual precipitation of 39 to 150 in (100 to 380 cm).
    (C) Substrate of rocky, shallow, organic muck soils; rocky talus 
soils; shallow soils over weathered rock; deep soils over soft 
weathered rock; or gravelly alluvium.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros, 
Myrsine, Nestegis, Pisonia, Santalum.
    (E) Subcanopy contains one or more of the following native plant 
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus, 
Rubus, Sadleria, Sophora.
    (F) Understory contains one or more of the following native plant 
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria.
    (3) Existing humanmade features and structures, such as buildings, 
aqueducts, runways, roads, and other paved areas, and the land on which 
they are located existing within the legal boundaries are not included 
in the critical habitat designation.
    (4) Data layers defining map units were created based on summaries 
of occurrences and landcover layers including habitat characteristics 
that indicate the physical or biological features essential to the 
conservation of the Hawaiian picture-wing fly. Coordinates were created 
using World Geodetic System 1984 (WGS84). The maps in this entry, as 
modified by any accompanying regulatory text, establish the boundaries 
of the critical habitat designation. The coordinates or plot points or 
both on which each map is based are available to the public at https://www.regulations.gov at Docket No. FWS-R1-ES-2023-0017, and at the field 
office responsible for this designation. You may obtain field office 
location information by contacting one of the Service regional offices, 
the addresses of which are listed at 50 CFR 2.2.
    (5) Index map follows:

BILLING CODE 4333-15-P
Figure 1 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(5)

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Index Map

[[Page 18798]]

[GRAPHIC] [TIFF OMITTED] TP29MR23.024


[[Page 18799]]


    (6) Drosophila digressa--Unit 1, Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 1 consists of 16,272 ac (6,585 ha) of 
wet forest ecosystem from Ookala to Maulua Nui on the northeastern 
slope of Maunakea. Lands within this unit include approximately 4,097 
ac (1,658 ha) in Federal ownership, 10,644 ac (4,307 ha) in State 
ownership, and 1,531 ac (619 ha) in private or other ownership. Federal 
lands within this unit are within the Hakalau Forest National Wildlife 
Refuge Hakalau Forest Unit. State lands within this unit are part of 
the Hilo Forest Reserve Humuula, Laupahoehoe, and Piha Sections; the 
Laupahoehoe Natural Area Reserve; and the Manowaialee Forest Reserve.
    (ii) Map of Drosophila digressa--Unit 1 follows:

Figure 2 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(6)(ii)

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Unit 1
[GRAPHIC] [TIFF OMITTED] TP29MR23.025

    (7) Drosophila digressa--Unit 2, Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 2 consists of 32,091 ac (12,987 ha) 
of wet forest ecosystem from Olaa to Upper Waiakea on the eastern slope 
of Mauna Loa and partially on the northern slope of Kilauea Volcano. 
Lands within this unit include approximately 7,877 ac (3,188 ha) in 
Federal ownership, 23,898 ac (9,671 ha) in State ownership, and 316 ac 
(128 ha) in private or other ownership. Federal lands in this unit are 
within the Hawaii Volcanoes National Park. State lands in this unit are 
part of the Hilo Forest Reserve Kukuau Section, Olaa Forest Reserve 
Mountain View Section, Upper Wai[amacr]kea Forest Reserve, 
Wai[amacr]kea Forest Reserve, Puu Makaala Natural Area Reserve, and 
Waiakea 1942 Lava Flow Natural Area Reserve.
    (ii) Map of Drosophila digressa--Unit 2 follows:

Figure 3 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(7)(ii)

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Unit 2
[GRAPHIC] [TIFF OMITTED] TP29MR23.026

    (8) Drosophila digressa--Unit 3, Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 3 consists of 8,781 ac (3,554 ha) of 
wet and mesic forest ecosystems at Kahuku on the southern slopes of 
Mauna Loa. Lands within this unit include approximately 8,769 ac (3,549 
ha) in Federal ownership and 12 ac (5 ha) in State ownership. Federal 
lands within this unit are within Hawaii Volcanoes National Park. 
State-owned lands in this unit are part of the Ka[revaps][umacr] Forest 
Reserve.
    (ii) Map of Drosophila digressa--Unit 3 follows:

Figure 4 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(8)(ii)

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Unit 3
[GRAPHIC] [TIFF OMITTED] TP29MR23.027

    (9) Drosophila digressa--Unit 4, Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 4 consists of 167 ac (67 ha) of mesic 
forest ecosystem at Manuka on the southern slopes of Mauna Loa. Lands 
within this unit are entirely in State ownership and are part of the 
Manuka Natural Area Reserve.
    (ii) Map of Drosophila digressa--Unit 4 follows:


[[Page 18800]]


Figure 5 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(9)(ii)

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Unit 4
[GRAPHIC] [TIFF OMITTED] TP29MR23.028

    (10) Drosophila digressa--Unit 5, Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 5 consists of 3,412 ac (1,381 ha) of 
wet forest ecosystem from Kipahoehoe to Honomalino on the southwestern 
slopes of Mauna Loa. Lands within this unit include approximately 411 
ac (166 ha) in State ownership and 3,001 ac (1,214 ha) in private or 
other ownership . State-owned lands in this unit are part of the 
Kipahoehoe Natural Area Reserve and South Kona Forest Reserve Kapua-
Manuk[amacr] Section. Some private lands are owned by The Nature 
Conservancy, within the Kona Hema Preserve.
    (ii) Map of Drosophila digressa--Unit 5, Drosophila digressa--Unit 
6, Drosophila digressa--Unit 7, Drosophila digressa--Unit 8, and 
Drosophila digressa--Unit 9 follows:

Figure 6 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(10)(ii)

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Unit 5, Unit 6, Unit 7, Unit 8, and Unit 9
[GRAPHIC] [TIFF OMITTED] TP29MR23.029

BILLING CODE 4333-15-C
    (11) Drosophila digressa--Unit 6, Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 6 consists of 1,399 ac (566 ha) of 
wet forest ecosystem in Kipahoehoe on the southwestern slopes of Mauna 
Loa. Lands within this unit include approximately 1,395 ac (565 ha) in 
State ownership and 4 ac (2 ha) in private or other ownership. State-
owned lands in this unit are managed by the State of Hawaii as part of 
the Kipahoehoe Natural Area Reserve.
    (ii) Map of Drosophila digressa--Unit 6 is provided at paragraph 
(10)(ii) of this entry.
    (12) Drosophila digressa--Unit 7, Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 7 consists of 1,346 ac (545 ha) of 
wet forest ecosystem from Kukuiopae to Olelomoana on the southwestern 
slopes of Mauna Loa. Lands within this unit include approximately 1,202 
ac (486 ha) in State ownership and 144 ac (58 ha) in private or other 
ownership. State-owned lands in this unit are part of the South Kona 
Forest Reserve Kukuiopae Section.
    (ii) Map of Drosophila digressa--Unit 7 is provided at paragraph 
(10)(ii) of this entry.
    (13) Drosophila digressa--Unit 8, Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 8 consists of 661 ac (267 ha) of wet 
forest ecosystem in Kaohe on the southwestern slopes of Mauna Loa. 
Lands within this unit include approximately 353 ac (143 ha) in State 
ownership and 308 ac (125 ha) in private or other ownership. State-
owned lands in this unit are part of the South Kona Forest Reserve, 
Kaohe Section and Kukuiopae Section.
    (ii) Map of Drosophila digressa--Unit 8 is provided at paragraph 
(10)(ii) of this entry.
    (14) Drosophila digressa--Unit 9, Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 9 consists of 1,906 ac (771 ha) of 
wet forest ecosystem in Hookena on the southwestern slopes of Mauna 
Loa. Lands within this unit include 1,906 ac (771 ha) of Federal land 
within Hakalau Forest National Wildlife Refuge Kona Forest Unit and 
less than 1 ac (less than 1 ha) of land that is privately owned or has 
other ownership.
    (ii) Map of Drosophila digressa--Unit 9 is provided at paragraph 
(10)(ii) of this entry.
* * * * *
0
5. Amend Sec.  17.99 by:
0
a. Revising paragraphs (k) introductory text and (k)(1);
0
b. Redesignating paragraphs (k)(115) and (116) as paragraphs (k)(248) 
and (249), respectively;
0
c. Redesignating paragraphs (k)(12) through (114) as paragraphs (k)(13) 
through (115), respectively;
0
d. Adding a new paragraph (k)(12);
0
e. Redesignating newly redesignated paragraphs (k)(15) through (115) as 
paragraphs (k)(18) through (118), respectively;
0
f. Adding new paragraphs (k)(15) through (17);
0
g. Redesignating newly redesignated paragraphs (k)(19) through (118) as 
paragraphs (k)(22) through (121), respectively;
0
h. Adding new paragraphs (k)(19) through (21);
0
i. Redesignating newly redesignated paragraphs (k)(32) through (121) as 
paragraphs (k)(33) through (122), respectively;
0
j. Adding a new paragraph (k)(32);
0
k. Redesignating newly redesignated paragraphs (k)(36) through (122) as 
paragraphs (k)(39) through (125), respectively;

[[Page 18801]]

0
l. Adding new paragraphs (k)(36) through (38);
0
m. Redesignating newly redesignated paragraphs (k)(40) through (125) as 
paragraphs (k)(43) through (128), respectively;
0
n. Adding new paragraphs (k)(40) through (42);
0
o. Redesignating newly redesignated paragraphs (k)(53) through (128) as 
paragraphs (k)(59) through (134), respectively;
0
p. Adding new paragraphs (k)(53) through (58);
0
q. Redesignating newly redesignated paragraphs (k)(79) through (134) as 
paragraphs (k)(81) through (136), respectively;
0
r. Adding new paragraphs (k)(79) and (80);
0
s. Redesignating newly redesignated paragraphs (k)(82) through (136) as 
paragraphs (k)(90) through (144), respectively;
0
t. Redesignating newly redesignated paragraphs (k)(91) through (144) as 
paragraphs (k)(92) through (145), respectively;
0
u. Adding a new paragraph (k)(91);
0
v. Redesignating newly redesignated paragraphs (k)(93) through (145) as 
paragraphs (k)(97) through (149), respectively;
0
w. Adding new paragraphs (k)(93) through (96);
0
x. Redesignating newly redesignated paragraphs (k)(109) through (149) 
as paragraphs (k)(112) through (152), respectively;
0
y. Adding new paragraphs (k)(109) through (111);
0
z. Redesignating newly redesignated paragraphs (k)(117) through (152) 
as paragraphs (k)(120) through (155), respectively;
0
aa. Adding new paragraphs (k)(117) through (119);
0
bb. Redesignating newly redesignated paragraphs (k)(122) through (155) 
as paragraphs (k)(124) through (157), respectively;
0
cc. Adding new paragraphs (k)(122) and (123);
0
dd. Redesignating newly redesignated paragraphs (k)(125) through (157) 
as paragraphs (k)(129) through (161), respectively;
0
ee. Adding new paragraphs (k)(125) through (128);
0
ff. Redesignating newly redesignated paragraphs (k)(137) through (161) 
as paragraphs (k)(140) through (164), respectively;
0
gg. Adding new paragraphs (k)(137) through (139);
0
hh. Redesignating newly redesignated paragraphs (k)(142) through (164) 
as paragraphs (k)(143) through (165), respectively;
0
ii. Adding a new paragraph (k)(142);
0
jj. Redesignating newly redesignated paragraphs (k)(145) through (165) 
as paragraphs (k)(150) through (170), respectively;
0
kk. Adding new paragraphs (k)(145) through (149);
0
ll. Redesignating newly redesignated paragraphs (k)(155) through (170) 
as paragraphs (k)(156) through (171), respectively;
0
mm. Adding a new paragraph (k)(155);
0
nn. Redesignating newly redesignated paragraphs (k)(157) through (171) 
as paragraphs (k)(159) through (173), respectively;
0
oo. Adding new paragraphs (k)(157) and (158);
0
pp. Redesignating newly redesignated paragraphs (k)(161) through (173) 
as paragraphs (k)(162) through (174), respectively;
0
qq. Adding a new paragraph (k)(161);
0
rr. Redesignating newly redesignated paragraphs (k)(163) through (174) 
as paragraphs (k)(164) through (175), respectively;
0
ss. Adding a new paragraph (k)(163);
0
tt. Redesignating newly redesignated paragraphs (k)(165) through (175) 
as paragraphs (k)(166) through (176), respectively;
0
uu. Adding a new paragraph (k)(165);
0
vv. Adding new paragraphs (k)(177) through (247);
0
ww. Revising newly redesignated paragraph (k)(248); and
0
xx. In paragraph (l)(1), adding in alphabetical order entries for 
``Family Asteraceae: Bidens hillebrandiana ssp. hillebrandiana 
(KOOKOOLAU)'', ``Family Campanulaceae: Cyanea marksii (HAHA)'', 
``Family Campanulaceae: Cyanea tritomantha (AKU)'', ``Family 
Caryophyllaceae: Schiedea diffusa ssp. macraei (no common name)'', 
``Family Caryophyllaceae: Schiedea hawaiiensis (MAOLIOLI)'', ``Family 
Gesneriaceae: Cyrtandra nanawaleensis (HAIWALE)'', Family Gesneriaceae: 
Cyrtandra wagneri (HAIWALE)'', ``Family Lamiaceae: Phyllostegia 
floribunda (no common name)'', ``Family Lamiaceae: Stenogyne 
cranwelliae (no common name)'', ``Family Pittosporaceae: Pittosporum 
hawaiiense (HOAWA, HAAWA)'', and ``Family Rutaceae: Melicope remyi (no 
common name)''.
    The revisions and additions read as follows:


Sec.  17.99  Critical habitat; plants on the Hawaiian Islands, HI.

* * * * *
    (k) Maps and critical habitat unit descriptions for the island of 
Hawaii, HI. Critical habitat units are described below. Coordinates 
were created using World Geodetic System 1984 (WGS84). The following 
map shows the general locations of the critical habitat units 
designated on the island of Hawaii. Existing humanmade features and 
structures, such as buildings, aqueducts, runways, roads, and other 
paved areas, and the land on which they are located existing within the 
legal boundaries are not included in the critical habitat designation. 
Federal actions limited to those areas, therefore, would not trigger a 
consultation under section 7 of the Act unless they may affect the 
species or physical or biological features in adjacent critical 
habitat.
    (1) Note: Map 1, Index map, follows:

BILLING CODE 4333-15-P

Map 1

Hawaii Critical Habitat--Island Index Map

[[Page 18802]]

[GRAPHIC] [TIFF OMITTED] TP29MR23.030


[[Page 18803]]


* * * * *
    (12) Hawaii 3-Cyanea tritomantha-a (12,059 ac; 4,880 ha).
    (i) This unit is also critical habitat for Hawaii 3-Cyrtandra 
wagneri-a, Hawaii 3-Melicope remyi-a, Hawaii 3-Phyllostegia floribunda-
a, Hawaii 3-Pittosporum hawaiiense-a, Hawaii 3-Schiedea diffusa ssp. 
macraei-a, and Hawaii 3-Stenogyne cranwelliae-a (see paragraphs 
(k)(15), (k)(16), (k)(17), (k)(19), (k)(20), (k)(21), respectively, of 
this section).
    (ii) Map 11a follows:

Map 11a

Hawaii 3-Cyanea tritomantha-a, Hawaii 3-Cyrtandra wagneri-a, Hawaii 3-
Melicope remyi-a, Hawaii 3-Phyllostegia floribunda-a, Hawaii 3-
Pittosporum hawaiiense-a, Hawaii 3-Schiedea diffusa ssp. macraei-a, 
Hawaii 3-Stenogyne cranwelliae-a

[GRAPHIC] [TIFF OMITTED] TP29MR23.031

* * * * *
    (15) Hawaii 3-Cyrtandra wagneri-a (12,059 ac; 4,880 ha). See 
paragraph (k)(12)(ii) of this section for the map of this unit.
    (16) Hawaii 3-Melicope remyi-a (12,059 ac; 4,880 ha). See paragraph 
(k)(12)(ii) of this section for the map of this unit.
    (17) Hawaii 3-Phyllostegia floribunda-a (12,059 ac; 4,880 ha). See 
paragraph (k)(12)(ii) of this section for the map of this unit.
* * * * *
    (19) Hawaii 3-Pittosporum hawaiiense-a (12,059 ac; 4,880 ha). See 
paragraph (k)(12)(ii) of this section for the map of this unit.
    (20) Hawaii 3-Schiedea diffusa ssp. macraei-a (12,059 ac; 4,880 
ha). See paragraph (k)(12)(ii) of this section for the map of this 
unit.
    (21) Hawaii 3-Stenogyne cranwelliae-a (12,059 ac; 4,880 ha). See 
paragraph (k)(12)(ii) of this section for the map of this unit.
* * * * *
    (32) Hawaii 6-Bidens hillebrandiana ssp. hillebrandiana-a (2 ac; 1 
ha).
    (i) [Reserved].
    (ii) Map 24a follows:

Map 24a

Hawaii 6-Bidens hillebrandiana ssp. hillebrandiana-a
[GRAPHIC] [TIFF OMITTED] TP29MR23.032

* * * * *
    (36) Hawaii 8-Cyanea tritomantha-b (6,805 ac; 2,754 ha).
    (i) This unit is also critical habitat for Hawaii 8-Melicope remyi-
b, Hawaii 8-Phyllostegia floribunda-b, Hawaii 8-Pittosporum hawaiiense-
b, Hawaii 8-Schiedea diffusa ssp. macraei-b, and Hawaii 8-Stenogyne 
cranwelliae-b (see paragraphs (k)(37), (k)(38), (k)(40), (k)(41), and 
(k)(42), respectively, of this section).
    (ii) Map 27a follows:

Map 27a

Hawaii 8-Cyanea tritomantha-b, Hawaii 8-Melicope remyi-b, Hawaii 8-
Phyllostegia floribunda-b, Hawaii 8-Pittosporum hawaiiense-b, Hawaii 8-
Schiedea diffusa ssp. macraei-b, Hawaii 8-Stenogyne cranwelliae-b
[GRAPHIC] [TIFF OMITTED] TP29MR23.033

    (37) Hawaii 8-Melicope remyi-b (6,805 ac; 2,754 ha). See paragraph 
(k)(36)(ii) of this section for the map of this unit.
    (38) Hawaii 8-Phyllostegia floribunda-b (6,805 ac; 2,754 ha). See 
paragraph (k)(36)(ii) of this section for the map of this unit.
* * * * *
    (40) Hawaii 8-Pittosporum hawaiiense-b (6,805 ac; 2,754 ha). See 
paragraph (k)(36)(ii) of this section for the map of this unit.
    (41) Hawaii 8-Schiedea diffusa ssp. macraei-b (6,805 ac; 2,754 ha). 
See paragraph (k)(36)(ii) of this section for the map of this unit.
    (42) Hawaii 8-Stenogyne cranwelliae-b (6,805 ac; 2,754 ha). See 
paragraph

[[Page 18804]]

(k)(36)(ii) of this section for the map of this unit.
* * * * *
    (53) Hawaii 9-Cyanea tritomantha-c (1 ac; <1 ha).
    (i) This unit is also critical habitat for Hawaii 9-Melicope remyi-
c, Hawaii 9-Phyllostegia floribunda-c, Hawaii 9-Pittosporum hawaiiense-
c, Hawaii 9-Schiedea diffusa ssp. macraei-c, and Hawaii 9-Stenogyne 
cranwelliae-c (see paragraphs (k)(54), (k)(55), (k)(56), (k)(57), and 
(k)(58) respectively, of this section).
    (ii) Map 38a follows:

Map 38a

Hawaii 9-Cyanea tritomantha-c, Hawaii 9-Melicope remyi-c, Hawaii 9-
Phyllostegia floribunda-c, Hawaii 9-Pittosporum hawaiiense-c, Hawaii 9-
Schiedea diffusa ssp. macraei-c, Hawaii 9-Stenogyne cranwelliae-c
[GRAPHIC] [TIFF OMITTED] TP29MR23.034

    (54) Hawaii 9-Melicope remyi-c (1 ac; <1 ha). See paragraph 
(k)(53)(ii) of this section for the map of this unit.
    (55) Hawaii 9-Phyllostegia floribunda-c (1 ac; <1 ha). See 
paragraph (k)(53)(ii) of this section for the map of this unit.
    (56) Hawaii 9-Pittosporum hawaiiense-c (1 ac; <1 ha). See paragraph 
(k)(53)(ii) of this section for the map of this unit.
    (57) Hawaii 9-Schiedea diffusa ssp. macraei-c (1 ac; <1 ha). See 
paragraph (k)(53)(ii) of this section for the map of this unit.
    (58) Hawaii 9-Stenogyne cranwelliae-c (1 ac; <1 ha). See paragraph 
(k)(53)(ii) of this section for the map of this unit.
* * * * *
    (79) Hawaii 15-Cyanea marksii-a-Section 4 (182 ac; 73 ha).
    (i) This unit is also critical habitat for Hawaii 15-Phyllostegia 
floribunda-d-Section 4, Hawaii 15-Pittosporum hawaiiense-d-Section 4, 
Hawaii 15-Schiedea diffusa ssp. macraei-d-Section 4, and Hawaii 15-
Stenogyne cranwelliae-d-Section 4 (see paragraphs (k)(82), (k)(84), 
(k)(86), and (k)(88), respectively, of this section).
    (ii) Map 58a follows:

Map 58a

Hawaii 15-Cyanea marksii-a-Section 4, Hawaii 15-Cyanea marksii-b-
Section 5, Hawaii 15-Phyllostegia floribunda-d-Section 4, Hawaii 15-
Phyllostegia floribunda-e-Section 5, Hawaii 15-Pittosporum hawaiiense-
d-Section 4, Hawaii 15-Pittosporum hawaiiense-e-Section 5, Hawaii 15-
Schiedea diffusa ssp. macraei-d-Section 4, Hawaii 15-Schiedea diffusa 
ssp. macraei-e-Section 5, Hawaii 15-Stenogyne cranwelliae-d-Section 4, 
Hawaii 15-Stenogyne cranwelliae-e-Section 5

[[Page 18805]]

[GRAPHIC] [TIFF OMITTED] TP29MR23.035

    (80) Hawaii 15-Cyanea marksii-b-Section 5 (127 ac; 51 ha).
    (i) This unit is also critical habitat for Hawaii 15-Phyllostegia 
floribunda-e-Section 5, Hawaii 15-Pittosporum hawaiiense-e-Section 5, 
Hawaii 15-Schiedea diffusa ssp. macraei-e-Section 5, and Hawaii 15-
Stenogyne cranwelliae-e-Section 5 (see paragraphs (k)(83), (k)(85), 
(k)(87), and (k)(89), respectively, of this section).
    (ii) See paragraph (k)(79)(ii) of this section for the map of this 
unit.
* * * * *
    (82) Hawaii 15-Phyllostegia floribunda-d-Section 4 (182 ac; 73 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
    (83) Hawaii 15-Phyllostegia floribunda-e-Section 5 (127 ac; 51 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
    (84) Hawaii 15-Pittosporum hawaiiense-d-Section 4 (182 ac; 73 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
    (85) Hawaii 15-Pittosporum hawaiiense-e-Section 5 (127 ac; 51 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
    (86) Hawaii 15-Schiedea diffusa ssp. macraei-d-Section 4 (182 ac; 
73 ha). See paragraph (k)(79)(ii) of this section for the map of this 
unit.
    (87) Hawaii 15-Schiedea diffusa ssp. macraei-e-Section 5 (127 ac; 
51 ha). See paragraph (k)(79)(ii) of this section for the map of this 
unit.
    (88) Hawaii 15-Stenogyne cranwelliae-d-Section 4 (182 ac; 73 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
    (89) Hawaii 15-Stenogyne cranwelliae-e-Section 5 (127 ac; 51 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
* * * * *
    (91) Hawaii 16-Cyanea marksii-c (156 ac; 63 ha).
    (i) This unit is also critical habitat for Hawaii 16-Phyllostegia 
floribunda-f, Hawaii 16-Pittosporum hawaiiense-f, Hawaii 16-Schiedea 
diffusa ssp. macraei-f, and Hawaii 16-Stenogyne cranwelliae-f (see 
paragraphs (k)(93), (k)(94), (k)(95), and (k)(96), respectively, of 
this section).
    (ii) Map 60a follows:

Map 60a

Hawaii 16-Cyanea marksii-c, Hawaii 16-Phyllostegia floribunda-f, Hawaii 
16-Pittosporum hawaiiense-f, Hawaii 16-Schiedea diffusa ssp. macraei-f, 
Hawaii 16-Stenogyne cranwelliae-f
[GRAPHIC] [TIFF OMITTED] TP29MR23.036

* * * * *
    (93) Hawaii 16-Phyllostegia floribunda-f (156 ac; 63 ha). See 
paragraph (k)(91)(ii) of this section for the map of this unit.
    (94) Hawaii 16-Pittosporum hawaiiense-f (156 ac; 63 ha). See 
paragraph (k)(91)(ii) of this section for the map of this unit.
    (95) Hawaii 16-Schiedea diffusa ssp. macraei-f (156 ac; 63 ha). See 
paragraph (k)(91)(ii) of this section for the map of this unit.
    (96) Hawaii 16-Stenogyne cranwelliae-f (156 ac; 63 ha). See 
paragraph (k)(91)(ii) of this section for the map of this unit.
* * * * *
    (109) Hawaii 23-Cyrtandra wagneri-b (9 ac; 4 ha).
    (i) This unit is also critical habitat for Hawaii 23-Phyllostegia 
floribunda-g and Hawaii 23-Pittosporum hawaiiense-g (see paragraphs 
(k)(110) and (k)(111), respectively, of this section).
    (ii) Map 73a follows:

Map 73a

Hawaii 23-Cyrtandra wagneri-b, Hawaii 23-Phyllostegia floribunda-g, 
Hawaii 23-Pittosporum hawaiiense-g
[GRAPHIC] [TIFF OMITTED] TP29MR23.037

    (110) Hawaii 23-Phyllostegia floribunda-g (9 ac; 4 ha). See 
paragraph (k)(109)(ii) of this section for the map of this unit.

[[Page 18806]]

    (111) Hawaii 23-Pittosporum hawaiiense-g (9 ac; 4 ha). See 
paragraph (k)(109)(ii) of this section for the map of this unit.
* * * * *
    (117) Hawaii 24-Cyanea tritomantha-d-Section 8 (2,081 ac; 842 ha).
    (i) This unit is also critical habitat for Hawaii 24-Cyrtandra 
wagneri-c-Section 8, Hawaii 24-Pittosporum hawaiiense-h-Section 8, 
Hawaii 24-Schiedea diffusa ssp. macraei-g-Section 8, and Hawaii 24-
Stenogyne cranwelliae-g-Section 8 (see paragraphs (k)(118), (k)(122), 
(k)(125), and (k)(127), respectively, of this section).
    (ii) Map 78a follows:

Map 78a

Hawaii 24-Cyanea tritomantha-d-Section 8, Hawaii 24-Cyrtandra wagneri-
c-Section 8, Hawaii 24-Cyrtandra wagneri-d-Section 9, Hawaii 24-
Pittosporum hawaiiense-h-Section 8, Hawaii 24-Pittosporum hawaiiense-i-
Section 9, Hawaii 24-Schiedea diffusa ssp. macraei-g-Section 8, Hawaii 
24-Schiedea diffusa ssp. macraei-h-Section 9, Hawaii 24-Stenogyne 
cranwelliae-g-Section 8, Hawaii 24-Stenogyne cranwelliae-h-Section 9
[GRAPHIC] [TIFF OMITTED] TP29MR23.038

    (118) Hawaii 24-Cyrtandra wagneri-c-Section 8 (2,081 ac; 842 ha). 
See paragraph (k)(117)(ii) of this section for the map of this unit.
    (119) Hawaii 24-Cyrtandra wagneri-d-Section 9 (101 ac; 41 ha)
    (i) This unit is also critical habitat for Hawaii 24-Pittosporum 
hawaiiense-i-Section 9, Hawaii 24-Schiedea diffusa ssp. macraei-h-
Section 9, and Hawaii 24-Stenogyne cranwelliae-h-Section 9 (see 
paragraphs (k)(123), (k)(126), and (k)(128), respectively, of this 
section).
    (ii) See paragraph (k)(117)(ii) of this section for the map of this 
unit.
* * * * *
    (122) Hawaii 24-Pittosporum hawaiiense-h-Section 8 (2,081 ac; 842 
ha). See paragraph (k)(117)(ii) of this section for the map of this 
unit.
    (123) Hawaii 24-Pittosporum hawaiiense-i-Section 9 (101 ac; 41 ha). 
See paragraph (k)(117)(ii) of this section for the map of this unit.
* * * * *
    (125) Hawaii 24-Schiedea diffusa ssp. macraei-g-Section 8 (2,081 
ac; 842 ha). See paragraph (k)(117)(ii) of this section for the map of 
this unit.
    (126) Hawaii 24-Schiedea diffusa ssp. macraei-h-Section 9 (101 ac; 
41 ha). See paragraph (k)(117)(ii) of this section for the map of this 
unit.
    (127) Hawaii 24-Stenogyne cranwelliae-g-Section 8 (2,081 ac; 842 
ha). See paragraph (k)(117)(ii) of this section for the map of this 
unit.
    (128) Hawaii 24-Stenogyne cranwelliae-h-Section 9 (101 ac; 41 ha). 
See paragraph (k)(117)(ii) of this section for the map of this unit.
* * * * *
    (137) Hawaii 28-Cyrtandra nanawaleensis-a (155 ac; 63 ha).
    (i) This unit is also critical habitat for Hawaii 28-Cyrtandra 
wagneri-e and Hawaii 28-Phyllostegia floribunda-h (see paragraphs 
(k)(138) and (k)(139), respectively, of this section).
    (ii) Map 89a follows:

Map 89a

Hawaii 28-Cyrtandra nanawaleensis-a, Hawaii 28-Cyrtandra wagneri-e, 
Hawaii 28-Phyllostegia floribunda-h
[GRAPHIC] [TIFF OMITTED] TP29MR23.039

    (138) Hawaii 28-Cyrtandra wagneri-e (155 ac; 63 ha). See paragraph 
(k)(137)(ii) of this section for the map of this unit.
    (139) Hawaii 28-Phyllostegia floribunda-h (155 ac; 63 ha). See 
paragraph (k)(137)(ii) of this section for the map of this unit.
* * * * *
    (142) Hawaii 29-Cyanea tritomantha-e (494 ac; 200 ha).
    (i) This unit is also critical habitat for Hawaii 29-Cyrtandra 
wagneri-f, Hawaii 29-Phyllostegia floribunda-i, Hawaii 29-Pittosporum 
hawaiiense-j, Hawaii 29-Schiedea diffusa ssp. macraei-i, and Hawaii 29-
Stenogyne cranwelliae-i (see paragraphs (k)(145), (k)(146), (k)(147), 
(k)(148), and (k)(149), respectively, of this section).
    (ii) Map 91a follows:

Map 91a

Hawaii 29-Cyanea tritomantha-e, Hawaii 29-Cyrtandra wagneri-f, Hawaii 
29-Phyllostegia floribunda-i, Hawaii 29-Pittosporum hawaiiense-j, 
Hawaii 29-Schiedea diffusa ssp. macraei-i, Hawaii 29-Stenogyne 
cranwelliae-i

[[Page 18807]]

[GRAPHIC] [TIFF OMITTED] TP29MR23.040

* * * * *
    (145) Hawaii 29-Cyrtandra wagneri-f (494 ac; 200 ha). See paragraph 
(k)(142)(ii) of this section for the map of this unit.
    (146) Hawaii 29-Phyllostegia floribunda-i (494 ac; 200 ha). See 
paragraph (k)(142)(ii) of this section for the map of this unit.
    (147) Hawaii 29-Pittosporum hawaiiense-j (494 ac; 200 ha). See 
paragraph (k)(142)(ii) of this section for the map of this unit.
    (148) Hawaii 29-Schiedea diffusa ssp. macraei-i (494 ac; 200 ha). 
See paragraph (k)(142)(ii) of this section for the map of this unit.
    (149) Hawaii 29-Stenogyne cranwelliae-i (494 ac; 200 ha). See 
paragraph (k)(142)(ii) of this section for the map of this unit.
* * * * *
    (155) Hawaii 30-Cyanea tritomantha-f (13,732 ac; 5,557 ha).
    (i) This unit is also critical habitat for Hawaii 30-Cyrtandra 
wagneri-g, Hawaii 30-Phyllostegia floribunda-j, Hawaii 30-Pittosporum 
hawaiiense-k, Hawaii 30-Schiedea diffusa ssp. macraei-j, and Hawaii 30-
Stenogyne cranwelliae-j (see paragraphs (k)(170), (k)(171), (k)(172), 
(k)(173), and (k)(174), respectively, of this section).
    (ii) Map 98a follows:

Map 98a

Hawaii 30-Cyanea tritomantha-f, Hawaii 30-Cyrtandra wagneri-g, Hawaii 
30-Phyllostegia floribunda-j, Hawaii 30-Pittosporum hawaiiense-k, 
Hawaii 30-Schiedea diffusa ssp. macraei-j, Hawaii 30-Stenogyne 
cranwelliae-j
[GRAPHIC] [TIFF OMITTED] TP29MR23.041

* * * * *
    (157) Hawaii 30-Cyrtandra wagneri-g (13,732 ac; 5,557 ha). See 
paragraph (k)(155)(ii) of this section for the map of this unit.
    (158) Hawaii 30-Phyllostegia floribunda-j (13,732 ac; 5,557 ha). 
See paragraph (k)(155)(ii) of this section for the map of this unit.
* * * * *
    (161) Hawaii 30-Pittosporum hawaiiense-k (13,732 ac; 5,557 ha). See 
paragraph (k)(155)(ii) of this section for the map of this unit.
* * * * *
    (163) Hawaii 30-Schiedea diffusa ssp. macraei-j (13,732 ac; 5,557 
ha). See paragraph (k)(155)(ii) of this section for the map of this 
unit.
* * * * *
    (165) Hawaii 30-Stenogyne cranwelliae-j (13,732 ac; 5,557 ha). See 
paragraph (k)(155)(ii) of this section for the map of this unit.
* * * * *
    (177) Hawaii 37-Cyanea marksii-d (1,906 ac; 771 ha)
    (i) This unit is also critical habitat for Hawaii 37-Phyllostegia 
floribunda-k, Hawaii 37-Pittosporum hawaiiense-l, Hawaii 37-Schiedea 
diffusa ssp. macraei-k, and Hawaii 37-Stenogyne cranwelliae-k (see 
paragraphs (k)(178), (k)(179), (k)(180), and (k)(181), respectively, of 
this section).
    (ii) Map 106 follows:

Map 106

Hawaii 37-Cyanea marksii-d, Hawaii 37-Phyllostegia floribunda-k, Hawaii 
37-Pittosporum hawaiiense-l, Hawaii 37-Schiedea diffusa ssp. macraei-k, 
Hawaii 37-Stenogyne cranwelliae-k
[GRAPHIC] [TIFF OMITTED] TP29MR23.042

    (178) Hawaii 37-Phyllostegia floribunda-k (1,906 ac; 771 ha). See 
paragraph (k)(177)(ii) of this section for the map of this unit.
    (179) Hawaii 37-Pittosporum hawaiiense-l (1,906 ac; 771 ha). See 
paragraph (k)(177)(ii) of this section for the map of this unit.
    (180) Hawaii 37-Schiedea diffusa ssp. macraei-k (1,906 ac; 771 ha). 
See paragraph (k)(177)(ii) of this section for the map of this unit.

[[Page 18808]]

    (181) Hawaii 37-Stenogyne cranwelliae-k (1,906 ac; 771 ha). See 
paragraph (k)(177)(ii) of this section for the map of this unit.
    (182) Hawaii 38-Cyanea marksii-e (534 ac; 216 ha).
    (i) This unit is also critical habitat for Hawaii 38-Phyllostegia 
floribunda-l, Hawaii 38-Pittosporum hawaiiense-m, Hawaii 38-Schiedea 
diffusa ssp. macraei-l, and Hawaii 38-Stenogyne cranwelliae-l (see 
paragraphs (k)(183), (k)(184), (k)(185), and (k)(186), respectively, of 
this section).
    (ii) Map 107 follows:

Map 107

Hawaii 38-Cyanea marksii-e, Hawaii 38-Phyllostegia floribunda-l, Hawaii 
38-Pittosporum hawaiiense-m, Hawaii 38-Schiedea diffusa ssp. macraei-l, 
Hawaii 38-Stenogyne cranwelliae-l
[GRAPHIC] [TIFF OMITTED] TP29MR23.043

    (183) Hawaii 38-Phyllostegia floribunda-l (534 ac; 216 ha). See 
paragraph (k)(182)(ii) of this section for the map of this unit.
    (184) Hawaii 38-Pittosporum hawaiiense-m (534 ac; 216 ha). See 
paragraph (k)(182)(ii) of this section for the map of this unit.
    (185) Hawaii 38-Schiedea diffusa ssp. macraei-l (534 ac; 216 ha). 
See paragraph (k)(182)(ii) of this section for the map of this unit.
    (186) Hawaii 38-Stenogyne cranwelliae-l (534 ac; 216 ha). See 
paragraph (k)(182)(ii) of this section for the map of this unit.
    (187) Hawaii 39-Cyanea marksii-f (1,164 ac; 471 ha)
    (i) This unit is also critical habitat for Hawaii 39-Phyllostegia 
floribunda-m, Hawaii 39-Pittosporum hawaiiense-n, Hawaii 39-Schiedea 
diffusa ssp. macraei-m, and Hawaii 39-Stenogyne cranwelliae-m (see 
paragraphs (k)(188), (k)(189), (k)(190), and (k)(191), respectively, of 
this section).
    (ii) Map 108 follows:

Map 108

Hawaii 39-Cyanea marksii-f, Hawaii 39-Phyllostegia floribunda-m, Hawaii 
39-Pittosporum hawaiiense-n, Hawaii 39-Schiedea diffusa ssp. macraei-m, 
Hawaii 39-Stenogyne cranwelliae-m
[GRAPHIC] [TIFF OMITTED] TP29MR23.044

    (188) Hawaii 39-Phyllostegia floribunda-m (1,164 ac; 471 ha). See 
paragraph (k)(187)(ii) of this section for the map of this unit.
    (189) Hawaii 39-Pittosporum hawaiiense-n (1,164 ac; 471 ha). See 
paragraph (k)(187)(ii) of this section for the map of this unit.
    (190) Hawaii 39-Schiedea diffusa ssp. macraei-m (1,164 ac; 471 ha). 
See paragraph (k)(187)(ii) of this section for the map of this unit.
    (191) Hawaii 39-Stenogyne cranwelliae-m (1,164 ac; 471 ha). See 
paragraph (k)(187)(ii) of this section for the map of this unit.
    (192) Hawaii 40-Cyanea marksii-g (1,243 ac; 503 ha)
    (i) This unit is also critical habitat for Hawaii 40-Phyllostegia 
floribunda-n, Hawaii 40-Pittosporum hawaiiense-o, Hawaii 40-Schiedea 
diffusa ssp. macraei-n, and Hawaii 40-Stenogyne cranwelliae-n (see 
paragraphs (k)(193), (k)(194), (k)(195), and (k)(196), respectively, of 
this section).
    (ii) Map 109 follows:

Map 109

Hawaii 40-Cyanea marksii-g, Hawaii 40-Phyllostegia floribunda-n, Hawaii 
40-Pittosporum hawaiiense-o, Hawaii 40-Schiedea diffusa ssp. macraei-n, 
Hawaii 40-Stenogyne cranwelliae-n
[GRAPHIC] [TIFF OMITTED] TP29MR23.045

    (193) Hawaii 40-Phyllostegia floribunda-n (1,243 ac; 503 ha). See 
paragraph (k)(192)(ii) of this section for the map of this unit.
    (194) Hawaii 40-Pittosporum hawaiiense-o (1,243 ac; 503 ha). See

[[Page 18809]]

paragraph (k)(192)(ii) of this section for the map of this unit.
    (195) Hawaii 40-Schiedea diffusa ssp. macraei-n (1,243 ac; 503 ha). 
See paragraph (k)(192)(ii) of this section for the map of this unit.
    (196) Hawaii 40-Stenogyne cranwelliae-n (1,243 ac; 503 ha). See 
paragraph (k)(192)(ii) of this section for the map of this unit.
    (197) Hawaii 41-Cyanea marksii-h (3,412 ac; 1,381 ha)
    (i) This unit is also critical habitat for Hawaii 41-Phyllostegia 
floribunda-o, Hawaii 41-Pittosporum hawaiiense-p, Hawaii 41-Schiedea 
diffusa ssp. macraei-o, and Hawaii 41-Stenogyne cranwelliae-o (see 
paragraphs (k)(198), (k)(199), (k)(200), and (k)(201), respectively, of 
this section).
    (ii) Map 110 follows:

Map 110

Hawaii 41-Cyanea marksii-h, Hawaii 41-Phyllostegia floribunda-o, Hawaii 
41-Pittosporum hawaiiense-p, Hawaii 41-Schiedea diffusa ssp. macraei-o, 
Hawaii 41-Stenogyne cranwelliae-o
[GRAPHIC] [TIFF OMITTED] TP29MR23.046

    (198) Hawaii 41-Phyllostegia floribunda-o (3,412 ac; 1,381 ha). See 
paragraph (k)(197)(ii) of this section for the map of this unit.
    (199) Hawaii 41-Pittosporum hawaiiense-p (3,412 ac; 1,381 ha). See 
paragraph (k)(197)(ii) of this section for the map of this unit.
    (200) Hawaii 41-Schiedea diffusa ssp. macraei-o (3,412 ac; 1,381 
ha). See paragraph (k)(197)(ii) of this section for the map of this 
unit.
    (201) Hawaii 41-Stenogyne cranwelliae-o (3,412 ac; 1,381 ha). See 
paragraph (k)(197)(ii) of this section for the map of this unit.
    (202) Hawaii 42-Cyanea tritomantha-g (8,781 ac; 3,554 ha).
    (i) This unit is also critical habitat for Hawaii 42-Cyrtandra 
wagneri-h, Hawaii 42-Phyllostegia floribunda-p, Hawaii 42-Pittosporum 
hawaiiense-q, Hawaii 42-Schiedea diffusa ssp. macraei-p, and Hawaii 42-
Stenogyne cranwelliae-p (see paragraphs (k)(203), (k)(204), (k)(205), 
(k)(206), and (k)(207), respectively, of this section).
    (ii) Map 111 follows:

Map 111

Hawaii 42-Cyanea tritomantha-g, Hawaii 42-Cyrtandra wagneri-h, Hawaii 
42-Phyllostegia floribunda-p, Hawaii 42-Pittosporum hawaiiense-q, 
Hawaii 42-Schiedea diffusa ssp. macraei-p, Hawaii 42-Stenogyne 
cranwelliae-p
[GRAPHIC] [TIFF OMITTED] TP29MR23.047

    (203) Hawaii 42-Cyrtandra wagneri-h (8,781 ac; 3,554 ha). See 
paragraph (k)(202)(ii) of this section for the map of this unit.
    (204) Hawaii 42-Phyllostegia floribunda-p (8,781 ac; 3,554 ha). See 
paragraph (k)(202)(ii) of this section for the map of this unit.
    (205) Hawaii 42-Pittosporum hawaiiense-q (8,781 ac; 3,554 ha). See 
paragraph (k)(202)(ii) of this section for the map of this unit.
    (206) Hawaii 42-Schiedea diffusa ssp. macraei-p (8,781 ac; 3,554 
ha). See paragraph (k)(202)(ii) of this section for the map of this 
unit.
    (207) Hawaii 42-Stenogyne cranwelliae-p (8,781 ac; 3,554 ha). See 
paragraph (k)(202)(ii) of this section for the map of this unit.
    (208) Hawaii 43-Cyrtandra wagneri-i (5,872 ac; 2,376 ha).
    (i) This unit is also critical habitat for Hawaii 43-Pittosporum 
hawaiiense-r, Hawaii 43-Schiedea diffusa ssp. macraei-q, and Hawaii 43-
Stenogyne cranwelliae-q (see paragraphs (k)(209), (k)(210), and 
(k)(211), respectively, of this section).
    (ii) Map 112 follows:

Map 112

Hawaii 43-Cyrtandra wagneri-i, Hawaii 43-Pittosporum hawaiiense-r, 
Hawaii 43-Schiedea diffusa ssp. macraei-q, Hawaii 43-Stenogyne 
cranwelliae-q

[[Page 18810]]

[GRAPHIC] [TIFF OMITTED] TP29MR23.048

    (209) Hawaii 43-Pittosporum hawaiiense-r (5,872 ac; 2,376 ha). See 
paragraph (k)(208)(ii) of this section for the map of this unit.
    (210) Hawaii 43-Schiedea diffusa ssp. macraei-q (5,872 ac; 2,376 
ha). See paragraph (k)(208)(ii) of this section for the map of this 
unit.
    (211) Hawaii 43-Stenogyne cranwelliae-q (5,872 ac; 2,376 ha). See 
paragraph (k)(208)(ii) of this section for the map of this unit.
    (212) Hawaii 44-Cyanea tritomantha-h (6,406 ac; 2,593 ha).
    (i) This unit is also critical habitat for Hawaii 44-Cyrtandra 
wagneri-j, Hawaii 44-Pittosporum hawaiiense-s, Hawaii 44-Schiedea 
diffusa ssp. macraei-r, and Hawaii 44-Stenogyne cranwelliae-r (see 
paragraphs (k)(213), (k)(214), (k)(215), and (k)(216), respectively, of 
this section).
    (ii) Map 113 follows:

Map 113

Hawaii 44-Cyanea tritomantha-h, Hawaii 44-Cyrtandra wagneri-j, Hawaii 
44-Pittosporum hawaiiense-s, Hawaii 44-Schiedea diffusa ssp. macraei-r, 
Hawaii 44-Stenogyne cranwelliae-r
[GRAPHIC] [TIFF OMITTED] TP29MR23.049

    (213) Hawaii 44-Cyrtandra wagneri-j (6,406 ac; 2,593 ha). See 
paragraph (k)(212)(ii) of this section for the map of this unit.
    (214) Hawaii 44-Pittosporum hawaiiense-s (6,406 ac; 2,593 ha). See 
paragraph (k)(212)(ii) of this section for the map of this unit.
    (215) Hawaii 44-Schiedea diffusa ssp. macraei-r (6,406 ac; 2,593 
ha). See paragraph (k)(212)(ii) of this section for the map of this 
unit.
    (216) Hawaii 44-Stenogyne cranwelliae-r (6,406 ac; 2,593 ha). See 
paragraph (k)(212)(ii) of this section for the map of this unit.
    (217) Hawaii 45-Cyrtandra wagneri-k (5,494 ac; 2,223 ha).
    (i) This unit is also critical habitat for Hawaii 45-Phyllostegia 
floribunda-q and Hawaii 45-Pittosporum hawaiiense-t (see paragraphs 
(k)(218) and (k)(219), respectively, of this section).
    (ii) Map 114 follows:

Map 114

Hawaii 45-Cyrtandra wagneri-k, Hawaii 45-Phyllostegia floribunda-q, 
Hawaii 45-Pittosporum hawaiiense-t
[GRAPHIC] [TIFF OMITTED] TP29MR23.050

    (218) Hawaii 45-Phyllostegia floribunda-q (5,494 ac; 2,223 ha). See 
paragraph (k)(217)(ii) of this section for the map of this unit.
    (219) Hawaii 45-Pittosporum hawaiiense-t (5,494 ac; 2,223 ha). See 
paragraph (k)(217)(ii) of this section for the map of this unit.
    (220) Hawaii 46-Cyrtandra nanawaleensis-b (12,219 ac; 4,945 ha)
    (i) This unit is also critical habitat for Hawaii 46-Cyrtandra 
wagneri-l and Hawaii 46-Phyllostegia floribunda-r (see paragraphs 
(k)(221) and (k)(222), respectively, of this section).
    (ii) Map 115 follows:

Map 115

Hawaii 46-Cyrtandra nanawaleensis-b, Hawaii 46-Cyrtandra wagneri-l, 
Hawaii 46-Phyllostegia floribunda-r

[[Page 18811]]

[GRAPHIC] [TIFF OMITTED] TP29MR23.051

    (221) Hawaii 46-Cyrtandra wagneri-l (12,219 ac; 4,945 ha). See 
paragraph (k)(220)(ii) of this section for the map of this unit.
    (222) Hawaii 46-Phyllostegia floribunda-r (12,219 ac; 4,945 ha). 
See paragraph (k)(220)(ii) of this section for the map of this unit.
    (223) Hawaii 47-Cyrtandra nanawaleensis-c (274 ac; 111 ha)
    (i) [Reserved].
    (ii) Map 116 follows:

Map 116

Hawaii 47-Cyrtandra nanawaleensis-c, Hawaii 48-Cyrtandra nanawaleensis-
d
[GRAPHIC] [TIFF OMITTED] TP29MR23.052

    (224) Hawaii 48-Cyrtandra nanawaleensis-d (589 ac; 238 ha). See 
paragraph (k)(223)(ii) of this section for the map of this unit.
    (225) Hawaii 49-Cyrtandra nanawaleensis-e (875 ac; 354 ha)
    (i) [Reserved].
    (ii) Map 117 follows:

Map 117

Hawaii 49-Cyrtandra nanawaleensis-e, Hawaii 50-Cyrtandra nanawaleensis-
f
[GRAPHIC] [TIFF OMITTED] TP29MR23.053

    (226) Hawaii 50-Cyrtandra nanawaleensis-f (562 ac; 227 ha). See 
paragraph (k)(225)(ii) of this section for the map of this unit.
    (227) Hawaii 51-Cyanea tritomantha-i (17,865 ac; 7,230 ha)
    (i) This unit is also critical habitat for Hawaii 51-Cyrtandra 
wagneri-m, Hawaii 51-Phyllostegia floribunda-s, Hawaii 51-Pittosporum 
hawaiiense-u, Hawaii 51-Schiedea diffusa ssp. macraei-s, and Hawaii 51-
Stenogyne cranwelliae-s (see paragraphs (k)(228), (k)(229), (k)(230), 
(k)(231), and (k)(232), respectively, of this section).
    (ii) Map 118 follows:

Map 118

Hawaii 51-Cyanea tritomantha-i, Hawaii 51-Cyrtandra wagneri-m, Hawaii 
51-Phyllostegia floribunda-s, Hawaii 51-Pittosporum hawaiiense-u, 
Hawaii 51-Schiedea diffusa ssp. macraei-s, Hawaii 51-Stenogyne 
cranwelliae-s

[[Page 18812]]

[GRAPHIC] [TIFF OMITTED] TP29MR23.054

    (228) Hawaii 51-Cyrtandra wagneri-m (17,865 ac; 7,230 ha). See 
paragraph (k)(227)(ii) of this section for the map of this unit.
    (229) Hawaii 51-Phyllostegia floribunda-s (17,865 ac; 7,230 ha). 
See paragraph (k)(227)(ii) of this section for the map of this unit.
    (230) Hawaii 51-Pittosporum hawaiiense-u (17,865 ac; 7,230 ha). See 
paragraph (k)(227)(ii) of this section for the map of this unit.
    (231) Hawaii 51-Schiedea diffusa ssp. macraei-s (17,865 ac; 7,230 
ha). See paragraph (k)(227)(ii) of this section for the map of this 
unit.
    (232) Hawaii 51-Stenogyne cranwelliae-s (17,865 ac; 7,230 ha). See 
paragraph (k)(227)(ii) of this section for the map of this unit.
    (233) Hawaii 52-Cyanea tritomantha-j (4,213 ac; 1,705 ha).
    (i) This unit is also critical habitat for Hawaii 52-Cyrtandra 
wagneri-n, Hawaii 52-Melicope remyi-d, Hawaii 52-Phyllostegia 
floribunda-t, Hawaii 52-Pittosporum hawaiiense-v, Hawaii 52-Schiedea 
diffusa ssp. macraei-t, and Hawaii 52-Stenogyne cranwelliae-t (see 
paragraphs (k)(234), (k)(235), (k)(236), (k)(237), (k)(238), and 
(k)(239), respectively, of this section).
    (ii) Map 119 follows:

Map 119

Hawaii 52-Cyanea tritomantha-j, Hawaii 52-Cyrtandra wagneri-n, Hawaii 
52-Melicope remyi-d, Hawaii 52-Phyllostegia floribunda-t, Hawaii 52-
Pittosporum hawaiiense-v, Hawaii 52-Schiedea diffusa ssp. macraei-t, 
Hawaii 52-Stenogyne cranwelliae-t
[GRAPHIC] [TIFF OMITTED] TP29MR23.055

    (234) Hawaii 52-Cyrtandra wagneri-n (4,213 ac; 1,705 ha). See 
paragraph (k)(233)(ii) of this section for the map of this unit.
    (235) Hawaii 52-Melicope remyi-d (4,213 ac; 1,705 ha). See 
paragraph (k)(233)(ii) of this section for the map of this unit.
    (236) Hawaii 52-Phyllostegia floribunda-t (4,213 ac; 1,705 ha). See 
paragraph (k)(233)(ii) of this section for the map of this unit.
    (237) Hawaii 52-Pittosporum hawaiiense-v (4,213 ac; 1,705 ha). See 
paragraph (k)(233)(ii) of this section for the map of this unit.
    (238) Hawaii 52-Schiedea diffusa ssp. macraei-t (4,213 ac; 1,705 
ha). See paragraph (k)(233)(ii) of this section for the map of this 
unit.
    (239) Hawaii 52-Stenogyne cranwelliae-t (4,213 ac; 1,705 ha). See 
paragraph (k)(233)(ii) of this section for the map of this unit.
    (240) Hawaii 53-Bidens hillebrandiana ssp. hillebrandiana-b (325 
ac; 132 ha)
    (i) [Reserved].
    (ii) Map 120 follows:

Map 120

Hawaii 53-Bidens hillebrandiana ssp. hillebrandiana-b
[GRAPHIC] [TIFF OMITTED] TP29MR23.056

    (241) Hawaii 54-Cyanea tritomantha-k (7,651 ac; 3,096 ha)
    (i) This unit is also critical habitat for Hawaii 54-Melicope 
remyi-e, Hawaii 54-Phyllostegia floribunda-u, Hawaii 54-Pittosporum 
hawaiiense-w, Hawaii 54-Schiedea diffusa ssp. macraei-u, and Hawaii 54-
Stenogyne cranwelliae-u (see paragraphs (k)(242), (k)(243), (k)(244), 
(k)(245), and (k)(246), respectively, of this section).
    (ii) Map 121 follows:

Map 121

Hawaii 54-Cyanea tritomantha-k, Hawaii 54-Melicope remyi-e, Hawaii 54-
Phyllostegia floribunda-u, Hawaii 54-Pittosporum hawaiiense-w, Hawaii 
54-Schiedea diffusa ssp. macraei-u, Hawaii 54-Stenogyne cranwelliae-u

[[Page 18813]]

[GRAPHIC] [TIFF OMITTED] TP29MR23.057

    (242) Hawaii 54-Melicope remyi-e (7,651 ac; 3,096 ha). See 
paragraph (k)(241)(ii) of this section for the map of this unit.
    (243) Hawaii 54-Phyllostegia floribunda-u (7,651 ac; 3,096 ha). See 
paragraph (k)(241)(ii) of this section for the map of this unit.
    (244) Hawaii 54-Pittosporum hawaiiense-w (7,651 ac; 3,096 ha). See 
paragraph (k)(241)(ii) of this section for the map of this unit.
    (245) Hawaii 54-Schiedea diffusa ssp. macraei-u (7,651 ac; 3,096 
ha). See paragraph (k)(241)(ii) of this section for the map of this 
unit.
    (246) Hawaii 54-Stenogyne cranwelliae-u (7,651 ac; 3,096 ha). See 
paragraph (k)(241)(ii) of this section for the map of this unit.
    (247) Hawaii 55-Schiedea hawaiiensis-a (6,822 ac; 2,761 ha)
    (i) [Reserved].
    (ii) Map 122 follows:

Map 122

Hawaii 55-Schiedea hawaiiensis-a
[GRAPHIC] [TIFF OMITTED] TP29MR23.058

BILLING CODE 4333-15-C
    (248) Table of Protected Species Within Each Critical Habitat Unit 
for the Island of Hawaii.

------------------------------------------------------------------------
          Unit name             Species occupied     Species unoccupied
------------------------------------------------------------------------
Hawaii 1--Clermontia          Clermontia            Clermontia
 lindseyana-a.                 lindseyana.           lindseyana.
Hawaii 1--Clermontia peleana- Clermontia peleana..  Clermontia peleana.
 a.
Hawaii 1--Clermontia          ....................  Clermontia
 pyrularia-a.                                        pyrularia.
Hawaii 1--Cyanea shipmanii-a  Cyanea shipmanii....  Cyanea shipmanii.
Hawaii 1--Phyllostegia        Phyllostegia          Phyllostegia
 racemosa-a.                   racemosa.             racemosa.
Hawaii 2--Clermontia          Clermontia            Clermontia
 lindseyana-b.                 lindseyana.           lindseyana.
Hawaii 2--Clermontia          Clermontia pyrularia  Clermontia
 pyrularia-b.                                        pyrularia.
Hawaii 2--Phyllostegia        Phyllostegia          Phyllostegia
 racemosa-b.                   racemosa.             racemosa.
Hawaii 3--Clermontia peleana- Clermontia peleana..  Clermontia peleana.
 b.
Hawaii 3--Cyanea platyphylla- Cyanea platyphylla..  Cyanea platyphylla.
 a.
Hawaii 3--Cyanea tritomantha- Cyanea tritomantha..  Cyanea tritomantha.
 a.
Hawaii 3--Cyrtandra           Cyrtandra giffardii.  Cyrtandra giffardii.
 giffardii-a.
Hawaii 3--Cyrtandra           Cyrtandra             Cyrtandra
 tintinnabula-a.               tintinnabula.         tintinnabula.
Hawaii 3--Cyrtandra wagneri-  Cyrtandra wagneri...  Cyrtandra wagneri.
 a.
Hawaii 3--Melicope remyi-a..  Melicope remyi......  Melicope remyi.
Hawaii 3--Phyllostegia        Phyllostegia          Phyllostegia
 floribunda-a.                 floribunda.           floribunda.
Hawaii 3--Phyllostegia        Phyllostegia          Phyllostegia
 warshaueri-a.                 warshaueri.           warshaueri.
Hawaii 3--Pittosporum         ....................  Pittosporum
 hawaiiense-a.                                       hawaiiense.
Hawaii 3--Schiedea diffusa    ....................  Schiedea diffusa
 ssp. macraei-a.                                     ssp. macraei.
Hawaii 3--Stenogyne           Stenogyne             Stenogyne
 cranwelliae-a.                cranwelliae.          cranwelliae.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae-a.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae-b.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae-c.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae-d.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae-e.
Hawaii 4--Isodendrion         Isodendrion hosakae.  Isodendrion hosakae.
 hosakae-f.
Hawaii 4--Vigna o-wahuensis-  ....................  Vigna o-wahuensis.
 a.
Hawaii 4--Vigna o-wahuensis-  ....................  Vigna o-wahuensis.
 b.
Hawaii 4--Vigna o-wahuensis-  ....................  Vigna o-wahuensis.
 c.
Hawaii 5--Nothocestrum        ....................  Nothocestrum
 breviflorum-a.                                      breviflorum.

[[Page 18814]]

 
Hawaii 6--Bidens              Bidens                Bidens
 hillebrandiana ssp.           hillebrandiana ssp.   hillebrandiana ssp.
 hillebrandiana-a.             hillebrandiana.       hillebrandiana.
Hawaii 6--Nothocestrum        Nothocestrum          Nothocestrum
 breviflorum-b.                breviflorum.          breviflorum.
Hawaii 7--Pleomele            Pleomele hawaiiensis  Pleomele
 hawaiiensis-a.                                      hawaiiensis.
Hawaii 8--Clermontia          Clermontia            Clermontia
 drepanomorpha-a.              drepanomorpha.        drepanomorpha.
Hawaii 8--Cyanea tritomantha- Cyanea tritomantha..  Cyanea tritomantha.
 b.
Hawaii 8--Melicope remyi-b..  ....................  Melicope remyi.
Hawaii 8--Phyllostegia        ....................  Phyllostegia
 floribunda-b.                                       floribunda.
Hawaii 8--Phyllostegia        Phyllostegia          Phyllostegia
 warshaueri-b.                 warshaueri.           warshaueri.
Hawaii 8--Pittosporum         Pittosporum           Pittosporum
 hawaiiense-b,.                hawaiiense.           hawaiiense.
Hawaii 8--Schiedea diffusa    Schiedea diffusa      Schiedea diffusa
 ssp. macraei-b.               ssp. macraei.         ssp. macraei.
Hawaii 8--Stenogyne           Stenogyne             Stenogyne
 cranwelliae-b.                cranwelliae.          cranwelliae.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 a.
Hawaii 9--Achyranthes mutica- Achyranthes mutica..  Achyranthes mutica.
 b.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 c.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 d.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 e.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 f.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 g.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 h.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 i.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 j.
Hawaii 9--Cyanea tritomantha- Cyanea tritomantha..  Cyanea tritomantha.
 c.
Hawaii 9--Melicope remyi-c..  ....................  Melicope remyi.
Hawaii 9--Phyllostegia        ....................  Phyllostegia
 floribunda-c.                                       floribunda.
Hawaii 9--Pittosporum         Pittosporum           Pittosporum
 hawaiiense-c.                 hawaiiense.           hawaiiense.
Hawaii 9--Schiedea diffusa    Schiedea diffusa      Schiedea diffusa
 ssp. macraei-c.               ssp. macraei.         ssp. macraei.
Hawaii 9--Stenogyne           Stenogyne             Stenogyne
 cranwelliae-c.                cranwelliae.          cranwelliae.
Hawaii 10--Argyroxiphium      ....................  Argyroxiphium
 kauense-a.                                          kauense.
Hawaii 10--Bidens micrantha   ....................  Bidens micrantha
 ssp. ctenophylla-a.                                 ssp. ctenophylla.
Hawaii 10--Bonamia menziesii- ....................  Bonamia menziesii.
 a.
Hawaii 10--Colubrina          Colubrina             Colubrina
 oppositifolia-a.              oppositifolia.        oppositifolia.
Hawaii 10--Delissea undulata- ....................  Delissea undulata.
 a.
Hawaii 10--Delissea undulata- Delissea undulata...  Delissea undulata.
 b.
Hawaii 10--Hibiscadelphus     Hibiscadelphus        Hibiscadelphus
 hualalaiensis-a.              hualalaiensis.        hualalaiensis.
Hawaii 10--Hibiscus           Hibiscus              Hibiscus
 brackenridgei-a.              brackenridgei.        brackenridgei.
Hawaii 10--Isodendrion        ....................  Isodendrion
 pyrifolium-a.                                       pyrifolium.
Hawaii 10--Mezoneuron         Mezoneuron kavaiense  Mezoneuron
 kavaiense-a.                                        kavaiense.
Hawaii 10--Neraudia ovata-a.  ....................  Neraudia ovata.
Hawaii 10--Nothocestrum       Nothocestrum          Nothocestrum
 breviflorum-c.                breviflorum.          breviflorum.
Hawaii 10--Pleomele           Pleomele hawaiiensis  Pleomele
 hawaiiensis-b.                                      hawaiiensis.
Hawaii 10--Solanum            ....................  Solanum incompletum.
 incompletum-a.
Hawaii 10--Zanthoxylum        Zanthoxylum           Zanthoxylum
 dipetalum ssp. tomentosum-a.  dipetalum ssp.        dipetalum ssp.
                               tomentosum.           tomentosum.
Hawaii 11--Cyanea             Cyanea hamatiflora    Cyanea hamatiflora
 hamatiflora ssp. carlsonii-   ssp. carlsonii.       ssp. carlsonii.
 a.
Hawaii 11--Solanum            ....................  Solanum incompletum.
 incompletum-b.
Hawaii 14--Cyanea             ....................  Cyanea hamatiflora
 hamatiflora ssp. carlsonii-                         ssp. carlsonii.
 b.
Hawaii 15--Cyanea             ....................  Cyanea hamatiflora
 hamatiflora ssp. carlsonii-                         ssp. carlsonii.
 c.
Hawaii 15--Cyanea marksii-a-  Cyanea marksii......  Cyanea marksii.
 Section 4.
Hawaii 15--Cyanea marksii-b-  Cyanea marksii......  Cyanea marksii.
 Section 5.
Hawaii 15--Cyanea             Cyanea stictophylla.  Cyanea stictophylla.
 stictophylla-a.
Hawaii 15--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-d-Section 4.       floribunda.           floribunda.
Hawaii 15--Phyllostegia       ....................  Phyllostegia
 floribunda-e-Section 5.                             floribunda.
Hawaii 15--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-d-Section 4.       hawaiiense.           hawaiiense.
Hawaii 15--Pittosporum        ....................  Pittosporum
 hawaiiense-e-Section 5.                             hawaiiense.
Hawaii 15--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-d-Section 4.                           ssp. macraei.
Hawaii 15--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-e-Section 5.                           ssp. macraei.
Hawaii 15--Stenogyne          ....................  Stenogyne
 cranwelliae-d-Section 4.                            cranwelliae.
Hawaii 15--Stenogyne          ....................  Stenogyne
 cranwelliae-e-Section 5.                            cranwelliae.
Hawaii 16--Cyanea             Cyanea hamatiflora    Cyanea hamatiflora
 hamatiflora ssp. carlsonii-   ssp. carlsonii.       ssp. carlsonii.
 d.
Hawaii 16--Cyanea marksii-c.  Cyanea marksii......  Cyanea marksii.
Hawaii 16--Cyanea             Cyanea stictophylla.  Cyanea stictophylla.
 stictophylla-b.
Hawaii 16--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-f.                 floribunda.           floribunda.
Hawaii 16--Pittosporum        ....................  Pittosporum
 hawaiiense-f.                                       hawaiiense.
Hawaii 16--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-f.                                     ssp. macraei.
Hawaii 16--Stenogyne          ....................  Stenogyne
 cranwelliae-f.                                      cranwelliae.
Hawaii 17--Diellia erecta-a.  Diellia erecta......  Diellia erecta.
Hawaii 17--Flueggea           Flueggea neowawraea.  Flueggea neowawraea.
 neowawraea-a.
Hawaii 18--Colubrina          Colubrina             Colubrina
 oppositifolia-b.              oppositifolia.        oppositifolia.

[[Page 18815]]

 
Hawaii 18--Diellia erecta-b.  Diellia erecta......  Diellia erecta.
Hawaii 18--Flueggea           Flueggea neowawraea.  Flueggea neowawraea.
 neowawraea-b.
Hawaii 18--Gouania vitifolia- Gouania vitifolia...  Gouania vitifolia.
 a.
Hawaii 18--Neraudia ovata-d.  Neraudia ovata......  Neraudia ovata.
Hawaii 18--Pleomele           Pleomele hawaiiensis  Pleomele
 hawaiiensis-c.                                      hawaiiensis.
Hawaii 19--Mariscus fauriei-  Mariscus fauriei....  Mariscus fauriei.
 a.
Hawaii 20--Sesbania           Sesbania tomentosa..  Sesbania tomentosa.
 tomentosa-a.
Hawaii 21--Ischaemum byrone-  ....................  Ischaemum byrone.
 a.
Hawaii 22--Ischaemum byrone-  Ischaemum byrone....  Ischaemum byrone.
 b.
Hawaii 23--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 b.
Hawaii 23--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-g.                 floribunda.           floribunda.
Hawaii 23--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-g.                 hawaiiense.           hawaiiense.
Hawaii 23--Pleomele           Pleomele hawaiiensis  Pleomele
 hawaiiensis-d.                                      hawaiiensis.
Hawaii 23--Sesbania           Sesbania tomentosa..  Sesbania tomentosa.
 tomentosa-b.
Hawaii 24--Argyroxiphium      Argyroxiphium         Argyroxiphium
 kauense-b.                    kauense.              kauense.
Hawaii 24--Asplenium fragile  Asplenium fragile     Asplenium fragile
 var. insulare-a.              var. insulare.        var. insulare.
Hawaii 24--Cyanea             ....................  Cyanea stictophylla.
 stictophylla-c.
Hawaii 24--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-d-Section 8.
Hawaii 24--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 c-Section 8.
Hawaii 24--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 d-Section 9.
Hawaii 24--Melicope           ....................  Melicope
 zahlbruckneri-a.                                    zahlbruckneri.
Hawaii 24--Phyllostegia       Phyllostegia          Phyllostegia
 velutina-a.                   velutina.             velutina.
Hawaii 24--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-h-Section 8.       hawaiiense.           hawaiiense.
Hawaii 24--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-i-Section 9.       hawaiiense.           hawaiiense.
Hawaii 24--Plantago           Plantago hawaiensis.  Plantago hawaiensis.
 hawaiensis-a.
Hawaii 24--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-g-Section 8.     ssp. macraei.         ssp. macraei.
Hawaii 24--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-h-Section 9.     ssp. macraei.         ssp. macraei.
Hawaii 24--Stenogyne          ....................  Stenogyne
 cranwelliae-g-Section 8.                            cranwelliae.
Hawaii 24--Stenogyne          ....................  Stenogyne
 cranwelliae-h-Section 9.                            cranwelliae.
Hawaii 25--Argyroxiphium      Argyroxiphium         Argyroxiphium
 kauense-c.                    kauense.              kauense.
Hawaii 25--Plantago           Plantago hawaiensis.  Plantago hawaiensis.
 hawaiensis-b.
Hawaii 25--Silene             Silene hawaiiensis..  Silene hawaiiensis.
 hawaiiensis-a.
Hawaii 26--Hibiscadelphus     Hibiscadelphus        Hibiscadelphus
 giffardianus-a.               giffardianus.         giffardianus.
Hawaii 26--Melicope           Melicope              Melicope
 zahlbruckneri-b.              zahlbruckneri.        zahlbruckneri.
Hawaii 27--Portulaca          Portulaca             Portulaca
 sclerocarpa-a.                sclerocarpa.          sclerocarpa.
Hawaii 27--Silene             Silene hawaiiensis..  Silene hawaiiensis.
 hawaiiensis-b.
Hawaii 28--Adenophorus        Adenophorus periens.  Adenophorus periens.
 periens-a.
Hawaii 28--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-a.              nanawaleensis.        nanawaleensis.
Hawaii 28--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 e.
Hawaii 28--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-h.                 floribunda.           floribunda.
Hawaii 29--Clermontia         Clermontia peleana..  Clermontia peleana.
 peleana-c.
Hawaii 29--Cyanea             Cyanea platyphylla..  Cyanea platyphylla.
 platyphylla-b.
Hawaii 29--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-e.
Hawaii 29--Cyrtandra          ....................  Cyrtandra giffardii.
 giffardii-b.
Hawaii 29--Cyrtandra          ....................  Cyrtandra
 tintinnabula-b.                                     tintinnabula.
Hawaii 29--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 f.
Hawaii 29--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-i.                 floribunda.           floribunda.
Hawaii 29--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-j.                 hawaiiense.           hawaiiense.
Hawaii 29--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-i.               ssp. macraei.         ssp. macraei.
Hawaii 29--Stenogyne          ....................  Stenogyne
 cranwelliae-i.                                      cranwelliae.
Hawaii 30--Argyroxiphium      Argyroxiphium         Argyroxiphium
 kauense-d.                    kauense.              kauense.
Hawaii 30--Clermontia         Clermontia            Clermontia
 lindseyana-c.                 lindseyana.           lindseyana.
Hawaii 30--Cyanea shipmanii-  Cyanea shipmanii....  Cyanea shipmanii.
 b.
Hawaii 30--Cyanea shipmanii-  ....................  Cyanea shipmanii.
 c.
Hawaii 30--Cyanea             ....................  Cyanea stictophylla.
 stictophylla-d.
Hawaii 30--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-f.
Hawaii 30--Cyrtandra          Cyrtandra giffardii.  Cyrtandra giffardii.
 giffardii-c.
Hawaii 30--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 g.
Hawaii 30--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-j.                 floribunda.           floribunda.
Hawaii 30--Phyllostegia       ....................  Phyllostegia
 racemosa-c.                                         racemosa.
Hawaii 30--Phyllostegia       Phyllostegia          Phyllostegia
 velutina-b.                   velutina.             velutina.
Hawaii 30--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-k.                 hawaiiense.           hawaiiense.
Hawaii 30--Plantago           Plantago hawaiensis.  Plantago hawaiensis.
 hawaiensis-c.
Hawaii 30--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-j.               ssp. macraei.         ssp. macraei.
Hawaii 30--Sicyos alba-a....  Sicyos alba.........  Sicyos alba.
Hawaii 30--Stenogyne          ....................  Stenogyne
 cranwelliae-j.                                      cranwelliae.
Hawaii 31--Bidens micrantha   ....................  Bidens micrantha
 ssp. ctenophylla-b.                                 ssp. ctenophylla.
Hawaii 31--Isodendrion        ....................  Isodendrion
 pyrifolium-b.                                       pyrifolium.
Hawaii 31--Mezoneuron         Mezoneuron kavaiense  Mezoneuron
 kavaiense-b.                                        kavaiense.
Hawaii 33--Bidens micrantha   ....................  Bidens micrantha
 ssp. ctenophylla-d.                                 ssp. ctenophylla

[[Page 18816]]

 
Hawaii 33--Isodendrion        ....................  Isodendrion
 pyrifolium-d.                                       pyrifolium.
Hawaii 33--Mezoneuron         ....................  Mezoneuron
 kavaiense-d.                                        kavaiense.
Hawaii 34--Bidens micrantha   ....................  Bidens micrantha
 ssp. ctenophylla-e.                                 ssp. ctenophylla.
Hawaii 34--Isodendrion        ....................  Isodendrion
 pyrifolium-e.                                       pyrifolium.
Hawaii 34--Mezoneuron         ....................  Mezoneuron
 kavaiense-e.                                        kavaiense.
Hawaii 36--Bidens micrantha   Bidens micrantha      Bidens micrantha
 ssp. ctenophylla-g.           ssp. ctenophylla.     ssp. ctenophylla.
Hawaii 36--Isodendrion        ....................  Isodendrion
 pyrifolium-g.                                       pyrifolium.
Hawaii 37--Cyanea marksii-d.  Cyanea marksii......  Cyanea marksii.
Hawaii 37--Phyllostegia       ....................  Phyllostegia
 floribunda-k.                                       floribunda.
Hawaii 37--Pittosporum        ....................  Pittosporum
 hawaiiense-l.                                       hawaiiense.
Hawaii 37--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-k.                                     ssp. macraei.
Hawaii 37--Stenogyne          ....................  Stenogyne
 cranwelliae-k.                                      cranwelliae.
Hawaii 38--Cyanea marksii-e.  Cyanea marksii......  Cyanea marksii.
Hawaii 38--Phyllostegia       ....................  Phyllostegia
 floribunda-l.                                       floribunda.
Hawaii 38--Pittosporum        ....................  Pittosporum
 hawaiiense-m.                                       hawaiiense.
Hawaii 38--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-l.                                     ssp. macraei.
Hawaii 38--Stenogyne          ....................  Stenogyne
 cranwelliae-l.                                      cranwelliae.
Hawaii 39--Cyanea marksii-f.  Cyanea marksii......  Cyanea marksii.
Hawaii 39--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-m.                 floribunda.           floribunda.
Hawaii 39--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-n.                 hawaiiense.           hawaiiense.
Hawaii 39--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-m.                                     ssp. macraei.
Hawaii 39--Stenogyne          ....................  Stenogyne
 cranwelliae-m.                                      cranwelliae.
Hawaii 40--Cyanea marksii-g.  Cyanea marksii......  Cyanea marksii.
Hawaii 40--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-n.                 floribunda.           floribunda.
Hawaii 40--Pittosporum        ....................  Pittosporum
 hawaiiense-o.                                       hawaiiense.
Hawaii 40--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-n.                                     ssp. macraei.
Hawaii 40--Stenogyne          ....................  Stenogyne
 cranwelliae-n.                                      cranwelliae.
Hawaii 41--Cyanea marksii-h.  Cyanea marksii......  Cyanea marksii.
Hawaii 41--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-o.                 floribunda.           floribunda.
Hawaii 41--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-p.                 hawaiiense.           hawaiiense.
Hawaii 41--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-o.                                     ssp. macraei.
Hawaii 41--Stenogyne          ....................  Stenogyne
 cranwelliae-o.                                      cranwelliae.
Hawaii 42--Cyanea             ....................  Cyanea tritomantha.
 tritomantha-g.
Hawaii 42--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 h.
Hawaii 42--Phyllostegia       ....................  Phyllostegia
 floribunda-p.                                       floribunda.
Hawaii 42--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-q.                 hawaiiense.           hawaiiense.
Hawaii 42--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-p.               ssp. macraei.         ssp. macraei.
Hawaii 42--Stenogyne          ....................  Stenogyne
 cranwelliae-p.                                      cranwelliae.
Hawaii 43--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 i.
Hawaii 43--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-r.                 hawaiiense.           hawaiiense.
Hawaii 43--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-q.               ssp. macraei.         ssp. macraei.
Hawaii 43--Stenogyne          ....................  Stenogyne
 cranwelliae-q.                                      cranwelliae.
Hawaii 44--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-h.
Hawaii 44--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 j.
Hawaii 44--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-s.                 hawaiiense.           hawaiiense.
Hawaii 44--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-r.               ssp. macraei.         ssp. macraei.
Hawaii 44--Stenogyne          ....................  Stenogyne
 cranwelliae-r.                                      cranwelliae.
Hawaii 45--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 k.
Hawaii 45--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-q.                 floribunda.           floribunda.
Hawaii 45--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-t.                 hawaiiense.           hawaiiense.
Hawaii 46--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-b.              nanawaleensis.        nanawaleensis.
Hawaii 46--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 l.
Hawaii 46--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-r.                 floribunda.           floribunda.
Hawaii 47--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-c.              nanawaleensis.        nanawaleensis.
Hawaii 48--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-d.              nanawaleensis.        nanawaleensis.
Hawaii 49--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-e.              nanawaleensis.        nanawaleensis.
Hawaii 50--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-f.              nanawaleensis.        nanawaleensis.
Hawaii 51--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-i.
Hawaii 51--Cyrtandra wagneri- ....................  Cyrtandra wagneri.
 m.
Hawaii 51--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-s.                 floribunda.           floribunda.
Hawaii 51--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-u.                 hawaiiense.           hawaiiense.
Hawaii 51--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-s.               ssp. macraei.         ssp. macraei.
Hawaii 51--Stenogyne          ....................  Stenogyne
 cranwelliae-s.                                      cranwelliae.
Hawaii 52--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-j.
Hawaii 52--Cyrtandra wagneri- Cyrtandra wagneri...  Cyrtandra wagneri.
 n.
Hawaii 52--Melicope remyi-d.  Melicope remyi......  Melicope remyi.
Hawaii 52--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-t.                 floribunda.           floribunda.
Hawaii 52--Pittosporum        ....................  Pittosporum
 hawaiiense-v.                                       hawaiiense.
Hawaii 52--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-t.                                     ssp. macraei.
Hawaii 52--Stenogyne          Stenogyne             Stenogyne
 cranwelliae-t.                cranwelliae.          cranwelliae.
Hawaii 53--Bidens             Bidens                Bidens
 hillebrandiana ssp.           hillebrandiana ssp.   hillebrandiana ssp.
 hillebrandiana-b.             hillebrandiana.       hillebrandiana.

[[Page 18817]]

 
Hawaii 54--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-k.
Hawaii 54--Melicope remyi-e.  ....................  Melicope remyi.
Hawaii 54--Phyllostegia       ....................  Phyllostegia
 floribunda-u.                                       floribunda.
Hawaii 54--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-w.                 hawaiiense.           hawaiiense.
Hawaii 54--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-u.               ssp. macraei.         ssp. macraei.
Hawaii 54--Stenogyne          Stenogyne             Stenogyne
 cranwelliae-u.                cranwelliae.          cranwelliae.
Hawaii 55--Schiedea           ....................  Schiedea
 hawaiiensis-a.                                      hawaiiensis.
------------------------------------------------------------------------

* * * * *
    (1) Plants on the island of Hawaii; Constituent elements.--(1) 
Flowering plants.
* * * * *
Family Asteraceae: Bidens hillebrandiana ssp. hillebrandiana 
(KOOKOOLAU)
    Hawaii 6-Bidens hillebrandiana ssp. hillebrandiana-a and Hawaii 53-
Bidens hillebrandiana ssp. hillebrandiana-b, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Bidens hillebrandiana ssp. hillebrandiana on Hawaii Island. 
In units Hawaii 6-Bidens hillebrandiana ssp. hillebrandiana-a and 
Hawaii 53-Bidens hillebrandiana ssp. hillebrandiana-b, the physical and 
biological features of critical habitat in coastal ecosystem are:
    (i) Elevation: Less than 980 feet (ft) (300 meters (m)).
    (ii) Annual precipitation: Less than 47 inches (in) (120 
centimeters (cm)) to greater than 98 in (250 cm).
    (iii) Substrate: Well-drained talus, calcareous slopes, dunes.
    (iv) Canopy contains one or more of the following native plant 
genera: Diospyros, Metrosideros, Myoporum, Pritchardia.
    (v) Subcanopy contains one or more of the following native plant 
genera: Chenopodium, Gossypium, Heliotropium, Santalum, Scaevola.
    (vi) Understory contains one or more of the following native plant 
genera: Eragrostis, Sesuvium, Sida, Sporobolus.
* * * * *
Family Campanulaceae: Cyanea marksii (HAHA)
    Hawaii 15-Cyanea marksii-a-Section 4, Hawaii 15-Cyanea marksii-b-
Section 5, Hawaii 16-Cyanea marksii-c, Hawaii 37-Cyanea marksii-d, 
Hawaii 38-Cyanea marksii-e, Hawaii 39-Cyanea marksii-f, Hawaii 40-
Cyanea marksii-g, and Hawaii 41-Cyanea marksii-h, identified in the 
legal descriptions in paragraph (k) of this section, constitute 
critical habitat for Cyanea marksii on Hawaii Island. In units Hawaii 
15-Cyanea marksii-a-Section 4, Hawaii 15-Cyanea marksii-b-Section 5, 
Hawaii 16-Cyanea marksii-c, Hawaii 37-Cyanea marksii-d, Hawaii 38-
Cyanea marksii-e, Hawaii 39-Cyanea marksii-f, Hawaii 40-Cyanea marksii-
g, and Hawaii 41-Cyanea marksii-h, the physical and biological features 
of critical habitat in wet forest ecosystem are:
    (i) Elevation: Less than 7,300 ft (2,225 m).
    (ii) Annual precipitation: Greater than 98 in (250 cm).
    (iii) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (v) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (vi) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
* * * * *
Family Campanulaceae: Cyanea tritomantha (AKU)
    Hawaii 3-Cyanea tritomantha-a, Hawaii 8-Cyanea tritomantha-b, 
Hawaii 9-Cyanea tritomantha-c, Hawaii 24-Cyanea tritomantha-d, Hawaii 
29-Cyanea tritomantha-e, Hawaii 30-Cyanea tritomantha-f, Hawaii 42-
Cyanea tritomantha-g, Hawaii 44-Cyanea tritomantha-h, Hawaii 51-Cyanea 
tritomantha-i, Hawaii 52-Cyanea tritomantha-j, and Hawaii 54-Cyanea 
tritomantha-k, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Cyanea tritomantha on 
Hawaii Island.
    (i) In units Hawaii 3-Cyanea tritomantha-a, Hawaii 24-Cyanea 
tritomantha-d, Hawaii 29-Cyanea tritomantha-e, Hawaii 30-Cyanea 
tritomantha-f, Hawaii 42-Cyanea tritomantha-g, Hawaii 44-Cyanea 
tritomantha-h, Hawaii 51-Cyanea tritomantha-i, and Hawaii 52-Cyanea 
tritomantha-j, the physical and biological features of critical habitat 
in wet forest ecosystem are:
    (A) Elevation: Less than 7,300 ft (2,225 m).
    (B) Annual precipitation: Greater than 98 in (250 cm).
    (C) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
    (ii) In units Hawaii 8-Cyanea tritomantha-b, Hawaii 9-Cyanea 
tritomantha-c, and Hawaii 54-Cyanea tritomantha-k, the physical and 
biological features of critical habitat in wet forest ecosystem are 
those provided above in paragraphs (i)(A) through (F) of this entry, 
and in wet grassland and shrubland ecosystem are:
    (A) Elevation: 660 to 2,950 ft (200 to 900 m).
    (B) Annual precipitation: 98 to 197 in (250 to 500 cm).
    (C) Substrate: Older, weathered soils to younger, rocky substrates.
    (D) Canopy contains one or more of the following native plant 
genera: Ilex, Kadua, Melicope, Metrosideros, Myrsine.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Dubautia, Freycinetia, Hydrangea, 
Lobelia, Pipturus, Touchardia, Urera, Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Carex, Cladium, Deschampsia, Dicranopteris, Eragrostis, 
Peperomia, Phyllostegia, Scaevola.
* * * * *
Family Caryophyllaceae: Schiedea diffusa ssp. macraei (no common name)
    Hawaii 3-Schiedea diffusa ssp. macraei-a, Hawaii 8-Schiedea diffusa

[[Page 18818]]

ssp. macraei-b, Hawaii 9-Schiedea diffusa ssp. macraei-c, Hawaii 15-
Schiedea diffusa ssp. macraei-d-Section 4, Hawaii 15-Schiedea diffusa 
ssp. macraei-e-Section 5, Hawaii 16-Schiedea diffusa ssp. macraei-f, 
Hawaii 24-Schiedea diffusa ssp. macraei-g-Section 8, Hawaii 24-Schiedea 
diffusa ssp. macraei-h-Section 9, Hawaii 29-Schiedea diffusa ssp. 
macraei-i, Hawaii 30-Schiedea diffusa ssp. macraei-j, Hawaii 37-
Schiedea diffusa ssp. macraei-k, Hawaii 38-Schiedea diffusa ssp. 
macraei-l, Hawaii 39-Schiedea diffusa ssp. macraei-m, Hawaii 40-
Schiedea diffusa ssp. macraei-n, Hawaii 41-Schiedea diffusa ssp. 
macraei-o, Hawaii 42-Schiedea diffusa ssp. macraei-p, Hawaii 43-
Schiedea diffusa ssp. macraei-q, Hawaii 44-Schiedea diffusa ssp. 
macraei-r, Hawaii 51-Schiedea diffusa ssp. macraei-s, Hawaii 52-
Schiedea diffusa ssp. macraei-t, and Hawaii 54-Schiedea diffusa ssp. 
macraei-u, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Schiedea diffusa ssp. 
macraei on Hawaii Island. In units Hawaii 3-Schiedea diffusa ssp. 
macraei-a, Hawaii 8-Schiedea diffusa ssp. macraei-b, Hawaii 9-Schiedea 
diffusa ssp. macraei-c, Hawaii 15-Schiedea diffusa ssp. macraei-d-
Section 4, Hawaii 15-Schiedea diffusa ssp. macraei-e-Section 5, Hawaii 
16-Schiedea diffusa ssp. macraei-f, Hawaii 24-Schiedea diffusa ssp. 
macraei-g-Section 8, Hawaii 24-Schiedea diffusa ssp. macraei-h-Section 
9, Hawaii 29-Schiedea diffusa ssp. macraei-i, Hawaii 30-Schiedea 
diffusa ssp. macraei-j, Hawaii 37-Schiedea diffusa ssp. macraei-k, 
Hawaii 38-Schiedea diffusa ssp. macraei-l, Hawaii 39-Schiedea diffusa 
ssp. macraei-m, Hawaii 40-Schiedea diffusa ssp. macraei-n, Hawaii 41-
Schiedea diffusa ssp. macraei-o, Hawaii 42-Schiedea diffusa ssp. 
macraei-p, Hawaii 43-Schiedea diffusa ssp. macraei-q, Hawaii 44-
Schiedea diffusa ssp. macraei-r, Hawaii 51-Schiedea diffusa ssp. 
macraei-s, Hawaii 52-Schiedea diffusa ssp. macraei-t, and Hawaii 54-
Schiedea diffusa ssp. macraei-u, the physical and biological features 
of critical habitat in wet forest ecosystem are:
    (i) Elevation: Less than 7,300 ft (2,225 m).
    (ii) Annual precipitation: Greater than 98 in (250 cm).
    (iii) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (v) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (vi) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
* * * * *
Family Caryophyllaceae: Schiedea hawaiiensis (MAOLIOLI)
    Hawaii 55-Schiedea hawaiiensis-a, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Schiedea hawaiiensis on Hawaii Island. In unit Hawaii 55-
Schiedea hawaiiensis-a, the physical and biological features of 
critical habitat in dry forest ecosystem are:
    (i) Elevation: Less than 9,500 ft (2,900 m).
    (ii) Annual precipitation: Less than 79 in (200 cm).
    (iii) Substrate: Well-drained, sandy loams or loams from volcanic 
ash or cinder; weathered basaltic lava.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Colubrina, Diospyros, Erythrina, Melicope, 
Metrosideros, Myoporum, Myrsine, Sophora.
    (v) Subcanopy contains one or more of the following native plant 
genera: Achyranthes, Euphorbia, Leptecophylla, Nototrichium.
    (vi) Understory contains one or more of the following native plant 
genera: Dodonaea, Doryopteris, Heteropogon, Pellaea.
* * * * *
Family Gesneriaceae: Cyrtandra nanawaleensis (HAIWALE)
    Hawaii 28-Cyrtandra nanawaleensis-a, Hawaii 46-Cyrtandra 
nanawaleensis-b, Hawaii 47-Cyrtandra nanawaleensis-c, Hawaii 48-
Cyrtandra nanawaleensis-d, Hawaii 49-Cyrtandra nanawaleensis-e, and 
Hawaii 50-Cyrtandra nanawaleensis-f, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Cyrtandra nanawaleensis on Hawaii Island.
    (i) In units Hawaii 28-Cyrtandra nanawaleensis-a, Hawaii 46-
Cyrtandra nanawaleensis-b, Hawaii 47-Cyrtandra nanawaleensis-c, and 
Hawaii 48-Cyrtandra nanawaleensis-d, the physical and biological 
features of critical habitat in wet forest ecosystem are:
    (A) Elevation: Less than 7,300 ft (2,225 m).
    (B) Annual precipitation: Greater than 98 in (250 cm).
    (C) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
    (ii) In units Hawaii 49-Cyrtandra nanawaleensis-e and Hawaii 50-
Cyrtandra nanawaleensis-f, the physical and biological features of 
critical habitat in wet forest ecosystem are those provided above in 
paragraphs (i)(A) through (F) of this entry, and in the mesic forest 
ecosystem and mesic grassland and shrubland ecosystem are:
    (A) Elevation: Less than 6,600 ft (2,000 m) in mesic forest 
ecosystem, and 100 to 7,500 ft (30 to 2,300 m) in mesic grassland and 
shrubland ecosystem.
    (B) Annual precipitation: 39 to 150 in (100 to 380 cm) in mesic 
forest ecosystem, and 39 to 98 in (100 to 250 cm) in mesic grassland 
and shrubland ecosystem.
    (C) Substrate: Rocky, shallow, organic muck soils; rocky talus 
soils; shallow soils over weathered rock; deep soils over soft 
weathered rock; and gravelly alluvium in mesic forest ecosystem; and 
shallow soils that frequently dry with rocky outcrops in mesic 
grassland and shrubland ecosystem.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros, 
Myrsine, Nestegis, Pisonia, Santalum in mesic forest ecosystem; and 
Coprosma, Metrosideros, Wilkesia in mesic grassland and shrubland 
ecosystem.
    (E) Subcanopy contains one or more of the following native plant 
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus, 
Rubus, Sadleria, Sophora in mesic forest ecosystem; and Dodonaea, 
Dubautia, Leptecophylla, Osteomeles, Sadleria, Vaccinium in mesic 
grassland and shrubland ecosystem.
    (F) Understory contains one or more of the following native plant 
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria in mesic forest 
ecosystem; and Bidens, Carex, Deschampsia, Dicranopteris, Dryopteris, 
Eragrostis,

[[Page 18819]]

Euphorbia, Lipochaeta in mesic grassland and shrubland ecosystem.
* * * * *
Family Gesneriaceae: Cyrtandra wagneri (HAIWALE)
    Hawaii 3-Cyrtandra wagneri-a, Hawaii 23-Cyrtandra wagneri-b, Hawaii 
24-Cyrtandra wagneri-c-Section 8, Hawaii 24-Cyrtandra wagneri-d-Section 
9, Hawaii 28-Cyrtandra wagneri-e, Hawaii 29-Cyrtandra wagneri-f, Hawaii 
30-Cyrtandra wagneri-g, Hawaii 42-Cyrtandra wagneri-h, Hawaii 43-
Cyrtandra wagneri-i, Hawaii 44-Cyrtandra wagneri-j, Hawaii 45-Cyrtandra 
wagneri-k, Hawaii 46-Cyrtandra wagneri-l, Hawaii 51-Cyrtandra wagneri-
m, and Hawaii 52-Cyrtandra wagneri-n, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Cyrtandra wagneri on Hawaii Island. In units Hawaii 3-
Cyrtandra wagneri-a, Hawaii 23-Cyrtandra wagneri-b, Hawaii 24-Cyrtandra 
wagneri-c-Section 8, Hawaii 24-Cyrtandra wagneri-d-Section 9, Hawaii 
28-Cyrtandra wagneri-e, Hawaii 29-Cyrtandra wagneri-f, Hawaii 30-
Cyrtandra wagneri-g, Hawaii 42-Cyrtandra wagneri-h, Hawaii 43-Cyrtandra 
wagneri-i, Hawaii 44-Cyrtandra wagneri-j, Hawaii 45-Cyrtandra wagneri-
k, Hawaii 46-Cyrtandra wagneri-l, Hawaii 51-Cyrtandra wagneri-m, and 
Hawaii 52-Cyrtandra wagneri-n, the physical and biological features of 
critical habitat in wet forest ecosystem are:
    (i) Elevation: Less than 7,300 ft (2,225 m).
    (ii) Annual precipitation: Greater than 98 in (250 cm).
    (iii) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (v) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (vi) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
* * * * *
Family Lamiaceae: Phyllostegia floribunda (no common name)
    Hawaii 3-Phyllostegia floribunda-a, Hawaii 8-Phyllostegia 
floribunda-b, Hawaii 9-Phyllostegia floribunda-c, Hawaii 15-
Phyllostegia floribunda-d-Section 4, Hawaii 15-Phyllostegia floribunda-
e-Section 5, Hawaii 16-Phyllostegia floribunda-f, Hawaii 23-
Phyllostegia floribunda-g, Hawaii 28-Phyllostegia floribunda-h, Hawaii 
29-Phyllostegia floribunda-i, Hawaii 30-Phyllostegia floribunda-j, 
Hawaii 37-Phyllostegia floribunda-k, Hawaii 38-Phyllostegia floribunda-
l, Hawaii 39-Phyllostegia floribunda-m, Hawaii 40-Phyllostegia 
floribunda-n, Hawaii 41-Phyllostegia floribunda-o, Hawaii 42-
Phyllostegia floribunda-p, Hawaii 45-Phyllostegia floribunda-q, Hawaii 
46-Phyllostegia floribunda-r, Hawaii 51-Phyllostegia floribunda-s, 
Hawaii 52-Phyllostegia floribunda-t, and Hawaii 54-Phyllostegia 
floribunda-u, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Phyllostegia floribunda 
on Hawaii Island.
    (i) In units Hawaii 3-Phyllostegia floribunda-a, Hawaii 15-
Phyllostegia floribunda-d-Section 4, Hawaii 15-Phyllostegia floribunda-
e-Section 5, Hawaii 16-Phyllostegia floribunda-f, Hawaii 29-
Phyllostegia floribunda-i, Hawaii 30-Phyllostegia floribunda-j, Hawaii 
37-Phyllostegia floribunda-k, Hawaii 38-Phyllostegia floribunda-l, 
Hawaii 39-Phyllostegia floribunda-m, Hawaii 40-Phyllostegia floribunda-
n, Hawaii 41-Phyllostegia floribunda-o, Hawaii 51-Phyllostegia 
floribunda-s, and Hawaii 52-Phyllostegia floribunda-t, the physical and 
biological features of critical habitat in wet forest ecosystem are:
    (A) Elevation: Less than 7,300 ft (2,225 m).
    (B) Annual precipitation: Greater than 98 in (250 cm).
    (C) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
    (ii) In units Hawaii 8-Phyllostegia floribunda-b, Hawaii 9-
Phyllostegia floribunda-c, Hawaii 23-Phyllostegia floribunda-g, Hawaii 
28-Phyllostegia floribunda-h, Hawaii 45-Phyllostegia floribunda-q, 
Hawaii 46-Phyllostegia floribunda-r, and Hawaii 54-Phyllostegia 
floribunda-u, the physical and biological features of critical habitat 
in wet forest ecosystem are those provided above in paragraphs (i)(A) 
through (F) of this entry, and in wet grassland and shrubland ecosystem 
are:
    (A) Elevation: 660 to 2,950 ft (200 to 900 m).
    (B) Annual precipitation: 98 to 197 in (250 to 500 cm).
    (C) Substrate: Older, weathered soils to younger, rocky substrates.
    (D) Canopy contains one or more of the following native plant 
genera: Ilex, Kadua, Melicope, Metrosideros, Myrsine.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Dubautia, Freycinetia, Hydrangea, 
Lobelia, Pipturus, Touchardia, Urera, Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Carex, Cladium, Deschampsia, Dicranopteris, Eragrostis, 
Peperomia, Phyllostegia, Scaevola.
    (iii) In unit Hawaii 42-Phyllostegia floribunda-p, the physical and 
biological features of critical habitat in wet forest ecosystem are 
those provided above in paragraphs (i)(A) through (F) of this entry, 
and in mesic forest ecosystem are:
    (A) Elevation of less than 6,600 ft (2,000 m).
    (B) Annual precipitation of 39 to 150 in (100 to 380 cm).
    (C) Substrate of rocky, shallow, organic muck soils; rocky talus 
soils; shallow soils over weathered rock; deep soils over soft 
weathered rock; or gravelly alluvium.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros, 
Myrsine, Nestegis, Pisonia, Santalum.
    (E) Subcanopy contains one or more of the following native plant 
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus, 
Rubus, Sadleria, Sophora.
    (F) Understory contains one or more of the following native plant 
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria.
* * * * *
Family Lamiaceae: Stenogyne cranwelliae (no common name)
    Hawaii 3-Stenogyne cranwelliae-a, Hawaii 8-Stenogyne cranwelliae-b, 
Hawaii 9-Stenogyne cranwelliae-c, Hawaii 15-Stenogyne cranwelliae-d-
Section 4, Hawaii 15-Stenogyne cranwelliae-e-Section 5, Hawaii 16-
Stenogyne cranwelliae-f, Hawaii 24-Stenogyne cranwelliae-g-Section 8,

[[Page 18820]]

Hawaii 24-Stenogyne cranwelliae-h-Section 9, Hawaii 29-Stenogyne 
cranwelliae-i, Hawaii 30-Stenogyne cranwelliae-j, Hawaii 37-Stenogyne 
cranwelliae-k, Hawaii 38-Stenogyne cranwelliae-l, Hawaii 39-Stenogyne 
cranwelliae-m, Hawaii 40-Stenogyne cranwelliae-n, Hawaii 41-Stenogyne 
cranwelliae-o, Hawaii 42-Stenogyne cranwelliae-p, Hawaii 43-Stenogyne 
cranwelliae-q, Hawaii 44-Stenogyne cranwelliae-r, Hawaii 51-Stenogyne 
cranwelliae-s, Hawaii 52-Stenogyne cranwelliae-t, and Hawaii 54-
Stenogyne cranwelliae-u, identified in the legal descriptions in 
paragraph (k) of this section, constitute critical habitat for 
Stenogyne cranwelliae on Hawaii Island. In units Hawaii 3-Stenogyne 
cranwelliae-a, Hawaii 8-Stenogyne cranwelliae-b, Hawaii 9-Stenogyne 
cranwelliae-c, Hawaii 15-Stenogyne cranwelliae-d-Section 4, Hawaii 15-
Stenogyne cranwelliae-e-Section 5, Hawaii 16-Stenogyne cranwelliae-f, 
Hawaii 24-Stenogyne cranwelliae-g-Section 8, Hawaii 24-Stenogyne 
cranwelliae-h-Section 9, Hawaii 29-Stenogyne cranwelliae-i, Hawaii 30-
Stenogyne cranwelliae-j, Hawaii 37-Stenogyne cranwelliae-k, Hawaii 38-
Stenogyne cranwelliae-l, Hawaii 39-Stenogyne cranwelliae-m, Hawaii 40-
Stenogyne cranwelliae-n, Hawaii 41-Stenogyne cranwelliae-o, Hawaii 42-
Stenogyne cranwelliae-p, Hawaii 43-Stenogyne cranwelliae-q, Hawaii 44-
Stenogyne cranwelliae-r, Hawaii 51-Stenogyne cranwelliae-s, Hawaii 52-
Stenogyne cranwelliae-t, and Hawaii 54-Stenogyne cranwelliae-u, the 
physical and biological features of critical habitat in wet forest 
ecosystem are:
    (i) Elevation: Less than 7,300 ft (2,225 m).
    (ii) Annual precipitation: Greater than 98 in (250 cm).
    (iii) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (v) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (vi) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
* * * * *
Family Pittosporaceae: Pittosporum hawaiiense (HOAWA, HAAWA)
    Hawaii 3-Pittosporum hawaiiense-a, Hawaii 8-Pittosporum hawaiiense-
b, Hawaii 9-Pittosporum hawaiiense-c, Hawaii 15-Pittosporum hawaiiense-
d-Section 4, Hawaii 15-Pittosporum hawaiiense-e-Section 5, Hawaii 16-
Pittosporum hawaiiense-f, Hawaii 23-Pittosporum hawaiiense-g, Hawaii 
24-Pittosporum hawaiiense-h-Section 8, Hawaii 24-Pittosporum 
hawaiiense-i-Section 9, Hawaii 29-Pittosporum hawaiiense-j, Hawaii 30-
Pittosporum hawaiiense-k, Hawaii 37-Pittosporum hawaiiense-l, Hawaii 
38-Pittosporum hawaiiense-m, Hawaii 39-Pittosporum hawaiiense-n, Hawaii 
40-Pittosporum hawaiiense-o, Hawaii 41-Pittosporum hawaiiense-p, Hawaii 
42-Pittosporum hawaiiense-q, Hawaii 43-Pittosporum hawaiiense-r, Hawaii 
44-Pittosporum hawaiiense-s, Hawaii 45-Pittosporum hawaiiense-t, Hawaii 
51-Pittosporum hawaiiense-u, Hawaii 52-Pittosporum hawaiiense-v, and 
Hawaii 54-Pittosporum hawaiiense-w, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Pittosporum hawaiiense on Hawaii Island.
    (i) In units Hawaii 3-Pittosporum hawaiiense-a, Hawaii 8-
Pittosporum hawaiiense-b, Hawaii 9-Pittosporum hawaiiense-c, Hawaii 15-
Pittosporum hawaiiense-d-Section 4, Hawaii 15-Pittosporum hawaiiense-e-
Section 5, Hawaii 16-Pittosporum hawaiiense-f, Hawaii 23-Pittosporum 
hawaiiense-g, Hawaii 29-Pittosporum hawaiiense-j, Hawaii 30-Pittosporum 
hawaiiense-k, Hawaii 37-Pittosporum hawaiiense-l, Hawaii 38-Pittosporum 
hawaiiense-m, Hawaii 39-Pittosporum hawaiiense-n, Hawaii 40-Pittosporum 
hawaiiense-o, Hawaii 41-Pittosporum hawaiiense-p, Hawaii 45-Pittosporum 
hawaiiense-t, Hawaii 51-Pittosporum hawaiiense-u, Hawaii 52-Pittosporum 
hawaiiense-v, and Hawaii 54-Pittosporum hawaiiense-w, the physical and 
biological features of critical habitat in wet forest ecosystem are:
    (A) Elevation: Less than 7,300 ft (2,225 m).
    (B) Annual precipitation: Greater than 98 in (250 cm).
    (C) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
    (ii) In units Hawaii 24-Pittosporum hawaiiense-h-Section 8, Hawaii 
24-Pittosporum hawaiiense-i-Section 9, Hawaii 42-Pittosporum 
hawaiiense-q, Hawaii 43-Pittosporum hawaiiense-r, and Hawaii 44-
Pittosporum hawaiiense-s, the physical and biological features of 
critical habitat in wet forest ecosystem are those provided above in 
paragraphs (i)(A) through (F) of this entry, and in mesic forest 
ecosystem are:
    (A) Elevation: Less than 6,600 ft (2,000 m).
    (B) Annual precipitation: 39 to 150 in (100 to 380 cm).
    (C) Substrate: Rocky, shallow, organic muck soils; rocky talus 
soils; shallow soils over weathered rock; deep soils over soft 
weathered rock; gravelly alluvium.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros, 
Myrsine, Nestegis, Pisonia, Santalum.
    (E) Subcanopy contains one or more of the following native plant 
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus, 
Rubus, Sadleria, Sophora.
    (F) Understory contains one or more of the following native plant 
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria.
* * * * *
Family Rutaceae: Melicope remyi (no common name)
    Hawaii 3-Melicope remyi-a, Hawaii 8-Melicope remyi-b, Hawaii 9-
Melicope remyi-c, Hawaii 52-Melicope remyi-d, and Hawaii 54-Melicope 
remyi-e, identified in the legal descriptions in paragraph (k) of this 
section, constitute critical habitat for Melicope remyi on Hawaii 
Island. In units Hawaii 3-Melicope remyi-a, Hawaii 8-Melicope remyi-b, 
Hawaii 9-Melicope remyi-c, Hawaii 52-Melicope remyi-d, and Hawaii 54-
Melicope remyi-e, the physical and biological features of critical 
habitat in wet forest ecosystem are:
    (i) Elevation: Less than 7,300 ft (2,225 m).
    (ii) Annual precipitation: Greater than 98 in (250 cm).
    (iii) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (iv) Canopy contains one or more of the following native plant 
genera:

[[Page 18821]]

Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (v) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (vi) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
* * * * *

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-04088 Filed 3-28-23; 8:45 am]
BILLING CODE 4333-15-P